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(영문) 서울서부지방법원 2014.12.24 2014고단872
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 7, 2012, after purchasing apartment under E in the name of E, C in the name of name C in the name of E with documents such as a certificate of personal seal impression, resident registration certificate, etc., the apartment was put to the defendant by an immencing method such as documents and the certificate of personal seal impression.

On July 5, 2012, the Defendant, who was difficult to say on July 5, 2012, at the mutual infinite coffee shop in Songpa-gu Seoul, saying, “Infinite E is engaged in trade business, and money is urgently needed. If E lends an apartment infinite as security, it would be repaid three months after the loan of KRW 20 million.”

However, in fact, the apartment house has already been set up by the National Bank of Korea with the amount of KRW 130 million at the market price, KRW 20 million, KRW G, KRW 65 million, and the tenant H had resided with the fixed date on the front day more than the right to collateral against the victim and had no collateral value, and the defendant had no intent or ability to pay the amount even if he borrowed money from the victim.

The Defendant received 15,400,000 won from the victim, namely, the money borrowed from the seat.

Accordingly, the defendant was given property by deceiving the victim in collusion with the victim in collusion with his name-free C.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of suspect E by the prosecution;

1. Statement to the prosecution of I;

1. Application of information on completion of registration and notice of completion of registration, contract to establish a mortgage, standard contract for loan transaction, copy of register, copy of H resident registration, or lease agreement; and

1. Article 347 (1) and Article 30 of the Criminal Act applicable to the crimes under pertinent Articles of the Criminal Act;

1. The reasons for the suspended sentence under Article 62(1) of the Criminal Act are as follows: (a) the overall sentencing conditions shown in the arguments in the instant case, such as the Defendant’s age, character and conduct, environment, etc.; and (b) the recommended sentence specified in the sentencing guidelines, shall be determined in consideration

Defendant.

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