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(영문) 서울서부지방법원 2016.07.08 2016고단1303
사기
Text

1. The defendant shall be punished by imprisonment for two years;

2. Provided, That the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive;

Reasons

Punishment of the crime

The defendant is a person who was a real operator of corporation E located in the fourth floor of Gangnam-gu Seoul Metropolitan Government D building.

On October 5, 2007, the defendant secured all the rights in the office of the F-F-F-F-F-F-F-F-F-F-F-F-F-F-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-P-S

The loan of KRW 350 million shall be used only for three months on the face of a week, and if it is not possible to change it, including interest KRW 100,000,000,000,000,000 including interest KRW 100,000,000,000, not later than January 5, 2008, the registration will be transferred to the above commercial building provided as a security.

The phrase “ makes a false statement.”

However, on September 14, 2007, the trust registration was completed in the name of K non-real estate trust on the commercial building (223, 225, 258) provided by the defendant as security to the victim. In the case of the disposition of the commercial building, it was agreed to consult with G construction, which is the City Corporation.

The defendant was unable to provide the above commercial building as a security or transfer ownership, and there was no intention or ability to repay the borrowed amount on the date of promise because it is not sufficient to lend the money equivalent to KRW 500 million from G construction for the repayment of the borrowed amount.

Nevertheless, the Defendant had, as above, issued one copy of the check (I) in front of the new bank issued 350 million won under the name of the victim by deceiving the victim and deceiving the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of F and J in the three-time suspect examination protocol against the accused;

1. Statement made by the police with regard to F;

1. A complaint;

1. A copy of each commercial supply contract and each deposit sheet;

1. A copy of a check before himself;

1. Application of Acts and subordinate statutes to all certificates of registration;

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;

2. Article 62(1) of the Criminal Act (the following sentencing grounds are advantageous to the suspended sentence).

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