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(영문) 대전지방법원 홍성지원 2017.12.13 2017고단783
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

C is the father of the defendant, who is the owner of the land of 135 square meters in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, and its ground building.

On June 2016, the Defendant made a false statement to the victim G by “F Certified Judicial Scriveners Office” located in Franman E, stating that “on the face of lending KRW 30 million to the victim G, the Defendant would set up a collateral security on the said land and the building on the ground and pay the interest on the fourth portion of each month.”

However, the Defendant planned to establish the right to collateral security by using a certificate of seal impression issued by C without consent from C with respect to the establishment of the right to collateral security on the above land and the above ground buildings. At the time, the Defendant was obligated to pay approximately KRW 18 million to the financial authority at the time and KRW 50 million on an individual basis, and the number of days to be paid each month was exceeded KRW 3.5 million, while monthly income was excessive to KRW 3.5 million, the Defendant did not have any intent or ability to pay the money by establishing the right to collateral security in the future for the victim even if he borrowed money from the victim.

The defendant deceivings the victim as above, and was delivered KRW 30 million from the victim, that is, the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to a complaint, information on completion of registration, and notice of completion of registration;

1. In full view of the relevant legal provisions regarding criminal facts, Article 347(1) of the Criminal Act regarding the selection of punishment, the reasons for sentencing of imprisonment, and the circumstances below the Defendant’s age, sex, environment, and all the circumstances before and after the instant crime, etc., the punishment as set forth in the Disposition above shall be determined.

The crime of this case was committed by using the method of false entry into an electronic record agreed with the victim and the poor quality of the crime was committed.

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