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(영문) 의정부지방법원 2020.10.14 2019고단4121

사기

Text

A defendant shall be punished by imprisonment for four months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 1, 2016, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for six months at the District Court for fraud, and the said judgment was finalized on February 12, 2016. On July 16, 2018, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for the same crime in the same court on July 24, 2018, and the said judgment was finalized on July 24, 2018.

On January 3, 2013, the Defendant borrowed KRW 60 million from the victim C, which was known through the introduction of the land B, around January 3, 2013, and subsequently, around January 4, 2013, the Defendant had the Defendant complete the registration of the establishment of a neighboring apartment F, which is the creditor, creditor, and debtor, regarding the “E Apartment F, G” owned by the Defendant’s deceptive act D.

On March 24, 2014, the Defendant made a false statement to the effect that “The Defendant would have been able to pay off obligations in installments three times from March 31, 2014 to July 31, 2014, by cancelling the registration of the establishment of a neighboring establishment that has been closed in the amount of KRW 200 million on the fourth floor of the G Building by the Government.”

However, at the time of the registration of creation of a new mortgage, the Defendant was not in the situation of entering the Defendant with money equivalent to KRW 200,000,000, and the Defendant was not only liable for personal debt equivalent to KRW 200,000,000 without any particular property or income, but also had economic difficulties due to the fact that the Defendant was unable to repay the debt equivalent to KRW 90,000,00,000, which was incurred when acquiring 10,000, and thus, there was no intention or ability to pay the debt within the agreed period even

Nevertheless, the Defendant, as above, by deceiving the victim and requiring the victim to cancel the registration of the establishment of a neighboring mortgage on March 26, 2014, thereby allowing the said D to acquire property profits equivalent to KRW 60 million of the secured debt amount.

Summary of Evidence

1. Statement made by C of a witness in the second protocol of trial;

1. Part C of each prosecutor's protocol of interrogation of the defendant against the defendant