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(영문) 서울북부지방법원 2016.09.02 2016고정1263

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 3, 2014, the Defendant shown F’s seal impression and certificate of personal seal as if he were granted the right of representation to provide the victim D with the loan of this case as security by the Defendant’s mother F, who is the owner of Nam-gu E 303 Ba (hereinafter “the loan of this case”) at the C Judicial scrivener’s office located in Songpa-gu Seoul Metropolitan City B, Seoul, as of December 3, 2014, and lent KRW 5 million, the Defendant completed the registration of establishment of a mortgage on the loan of this case, and the principal shall be repaid six months after the payment of the principal.

The purpose of this article was to make a false statement.

However, in fact, the Defendant did not obtain consent from F to offer the instant loan as collateral and could not offer it as collateral. The Defendant did not have any income at the time, and the obligation amounted to approximately KRW 30 million without any income, and even if the victim borrowed money, there was no intention or ability to complete payment.

As above, the Defendant, by deceiving the victim, obtained 4.35 million won on the same day from the victim and acquired it by deception.

Summary of Evidence

1. Grade D of the protocol of interrogation of the accused by the prosecution

1. Statement made to D by the police;

1. A complaint;

1. Application of Acts and subordinate statutes to each loan certificate, certificate of personal seal impression, and statement of transactions;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;