(영문) 서울동부지방법원 2012.11.27 2010고단2668

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(영문) 서울동부지방법원 2012.11.27 2010고단2668

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

From September 2004, the Defendant borrowed the sum of KRW 40 million on November 30, 2006, the sum of KRW 40 million on December 1, 2006, and KRW 10 million on December 5, 2006, and KRW 90 million on December 5, 2006, while lending money to the victim B for the purpose of investment, and paying part of the principal and interest, the Defendant set up a collateral security interest with the creditor as of November 30, 2006.

On June 7, 2007, the Defendant: (a) at the small-gu small-scale office located in Seocheon-si, Seocheon-si, a small-scale branch of the mortgage; (b) on the following occasions, the Defendant: (c) obtained the registration of the right to claim ownership transfer on the above apartment house immediately after the termination of the said right to collateral; and (d) did not intend to re-establish the right to collateral after one week after the termination of the said right to collateral; (c) provided, however, that “In order to extend the loan to a new mutual savings bank, the right to collateral should be terminated at the time to extend the loan; (d) if the right to collateral security is terminated, the Defendant shall newly establish the right to collateral within one week after the extension of the loan to collateral security; and (e) obtained the victim’s immediate cancellation of the registration of collateral security by taking the necessary documents, such as a certificate of personal seal impression, from the victim, by acquiring

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning B;

1. Application of the Acts and subordinate statutes to the certified copy, written statement of payment, and written complaint;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Consideration to the agreement with the victim, the fact that he/she has resided in custody for at least one month, the fact that he/she is living in custody, family environment

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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