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(영문) 청주지방법원 영동지원 2016.05.26 2016고단17
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 becomes final and conclusive.

Reasons

Punishment of the crime

On July 2014, the Defendant would make the victim C to set up an apartment under the name of the ship, which was the name of the ship, as a collateral, to obtain a loan from a financial institution if there is a high credit rating if there is a high level of financial transaction performance. On July 2014, the Defendant would pay the money immediately after three months, and also cancel the right to collateral security of an apartment created as a collateral.

“.....”

However, in fact, the Defendant had no particular property at the time, was a person with bad credit standing due to the unpaid card price and tax in arrears, was liable for a large amount of bonds, and was thought to be used to repay personal debts with the money received from the injured party. Therefore, even if he borrowed money from the injured party's apartment as security, he did not have the intent or ability to repay the money after three months or to cancel the apartment mortgage security established as security.

On July 9, 2014, the Defendant had the victim borrow KRW 19.5 million from F from the E Certified Judicial Scriveners Office located in Chungcheongnam-gun, Chungcheongnamcheon-gun, Chungcheongnam-do, and had the victim set up a collateral security right with regard to subparagraph 106 of the Chungcheongnam-gun apartment G apartment unit in the name of the victim as “F of the neighboring mortgagee,” “the maximum amount of the claim amount of KRW 25 million,” and affixed a seal thereon.

7. 10. 10. The above F transferred KRW 19.5 million to the head of the Tong (J) in the name of the victim, who was transferred by the F to the head of the Tong (H) in the name of the defendant.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of all documents to be registered, and copies of bankbooks;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 (1) of the Criminal Act on the stay of execution (The following circumstances considered in favor of the reasons for sentencing);

1. Protective observation, and community service order Act Article 62-2 of the Criminal Act, and Act on the Protection, Observation, etc.;

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