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(영문) 인천지방법원 2014.09.03 2014고단4247
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On May 21, 2014, the Defendant was sentenced to imprisonment with prison labor in the Incheon District Court for fraud, etc., and is currently pending in the final appeal trial.

On June 1, 201, the Defendant, at the office of Bupyeong-gu Incheon Metropolitan City, D on June 1, 201, concluded that “The Defendant would not incur any damage by fully repaying the Defendant’s debt two months after the high seas, by taking out the fixed-line land in the name of the Party F as security at the office of Bupyeong-gu Incheon Metropolitan City, with the victim E at KRW 30,000.” If the Defendant paid off the money in installments, the Defendant said that “The Defendant would make the payment of the money in installments as security at KRW 128,000.”

However, in fact, the Defendant did not own the land in G and H at the prime city, and has already borne a large amount of liability to many persons, and there was no intention or ability to repay the borrowed money borrowed from D within a short time with the security provided by the victim.

Accordingly, the Defendant, by deceiving the victim as above, had the victim obtain from the victim the pecuniary benefits equivalent to the secured debt (the actual loan amount at the time of establishment) of the said secured debt (30 million won) by having the victim complete the establishment registration of a collateral security interest of the maximum debt amount of KRW 50 million,000,000,000,000 with the maximum debt amount of KRW 50,000,

Summary of Evidence

1. Defendant's legal statement;

1. A suspect interrogation protocol of the accused by the prosecution (including E statements);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes regarding the details of an accusation, real estate exchange contract, certified copy of the register, decision-making, each letter of confirmation, each letter of agreement, each letter, receipt, and inquiry into details of transactions;

1. The relevant Article of the Criminal Act and Article 347(1) of the Criminal Act on the grounds for sentencing of punishment [the scope of recommending punishment] General Fraud (less than KRW 100 million) and there is no basic area [6 months-1 year-6 months] [the decision of sentencing] [the decision of sentencing] the defendant can have the record of the same criminal act, and the amount of damage caused by the instant criminal act.

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