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(영문) 의정부지방법원 고양지원 2013.08.23 2012고단1690

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around May 12, 2010, the Defendant did not borrow KRW 100 million from the victim D, and the victim was forced to commence compulsory auction as to the Plaintiff’s 70 square meters of G forest land owned by the Defendant in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, the Defendant, and the 70 square meters of G forest land owned by the Defendant, the 9,500 square meters of H forest land owned by the Defendant, the 9,500 square meters of H forest land in Chungcheongnam-gun, Chungcheongnam-gun, the Chungcheongnam-gun, the 11,649 square meters of I forest land in Chungcheongnam-gun, the 2,020 square meters of J forest in Chungcheongnam-gun, the Chungcheongnam-gun

On December 1, 2010, the Defendant concluded that “the Defendant would not establish other security or dispose of other persons on the real estate at the time of withdrawal of the auction” to the victim at a place where it is not known to the public around December 1, 2010, and would repay the borrowed money by March 31, 201 under the government’s basic construction work for the establishment of the real estate.”

However, the defendant did not have the intention or ability to pay borrowed money from the victim after receiving a subsidy from the government after performing the basic construction work for factory establishment because there is no fund for the basic construction work for factory establishment.

On February 10, 2012, the Defendant, by deceiving the victim, had the victim withdraw a compulsory auction, and had the victim do so, completed the registration of the establishment of a mortgage over the maximum debt amount of KRW 350 million in the L, with the maximum debt amount of KRW 350 million.

Accordingly, the Defendant acquired property benefits equivalent to the security value corresponding to the above borrowed money.

Summary of Evidence

1. Defendant's legal statement;

1. Each protocol concerning the examination of the accused by the prosecution (including D or M) of the suspect;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes to factual verification and a copy of a statement of execution, a copy of a certified transcript of register;

1. Article 347(1) of the Criminal Code of the relevant criminal facts, and Article 347(1) of the Criminal Code of the Criminal Code for sentencing of imprisonment for the reason of the crime of this case, since the appraised value of each of the lands of this case has been KRW 700 million at the time of the crime of this case, if