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(영문) 대전지방법원 홍성지원 2015.09.23 2015고단61
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On August 18, 2011, the Defendant borrowed KRW 25 million from the victim E from the D office located in Hongsung-gun, Hongsung-gun, the Defendant established a right to collateral security with the maximum debt amount of KRW 45 million against the said victim as collateral, but failed to repay the said loan to the said victim. On November 29, 2011, the Defendant started voluntary auction based on the said right to collateral security (Seoul District Court Red support G) from the Hongsung-gun, Daejeon District Court (Seoul District Court Red support G) around November 29, 201, and the victim anticipated that the dividend falls short of the amount of the loan to the Defendant, and completed the provisional attachment registration with respect to H, I, J, K, and Chungcheongnam-gun, Chungcheongnam-gun, respectively.

On March 28, 2012, the Defendant made a false statement at the above place to the effect that “The Defendant would make a provisional attachment again against the victim to the effect that “on the face of the State by rescinding a provisional attachment against the H and five parcels, the lending period of loans granted from the Bocheon-si as security is extended, and the Defendant would make a provisional attachment again if the loans are not paid in full in the above voluntary auction case in progress.”

However, in fact, the defendant was planning to immediately transfer the ownership of the above real estate to a third party upon the cancellation of the above provisional seizure from the beginning, and there was no intention or ability to repay the loan to the victim as well as to not only have the intention to sub-provisional seizure on the above real

Ultimately, the Defendant, as seen above, by deceiving the victim and forcing the victim to cancel all provisional seizure around April 2, 2012, thereby acquiring property profits equivalent to KRW 26,843,150 preserved by the provisional seizure.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness M;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Part of the protocol of interrogation of each police officer against the defendant:

1. A complaint;

1. A loan transaction table contract;

1. Full certificate of the registered matters;

1. An agreement;

1. The distribution schedule;

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