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(영문) 의정부지방법원 2014.04.11 2014고단88
사기
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A defendant shall be punished by imprisonment for six months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On January 2013, the Defendant received a loan from the victim C’s house located in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, the victim owned by the victim as a collateral, and made a false statement to the effect that the Defendant would purchase the land in the Gyeonggi-gu, Gyeonggi-do, with the money and the above ground, and would control the house on the land until the end of May 2013.

However, even if the money was received from the victim, there was no intention or ability to purchase the land and to control the house on the land.

On January 30, 2013, the Defendant had the victim obtain a loan of KRW 50 million from the Eunpyeong Livestock Agricultural Cooperative, and KRW 18 million from the Credit Business Chain on March 19, 2013, and obtained it from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. C’s legal statement;

1. The police interrogation protocol of the accused (including the C’s statement);

1. Statement to C by the police;

1. A detailed statement of passbook transactions;

1. A copy of a bankbook;

1. Contract;

1. Financial transaction certificates;

1. Each certificate of borrowing;

1. Standard contract for loan transaction;

1. Application of Acts and subordinate statutes on loan transaction;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. It is so decided as per Disposition by taking into account the circumstances favorable to the victim’s prior conviction or absence of previous conviction in addition to five times of fine, in light of the following: (a) the victim’s borrowing of money by taking out his house equivalent to all property as collateral and taking the money into account the reason for sentencing of Article 25(3)3 and Article 32(1)3 of the Act on Special Cases concerning the Promotion, etc. of Litigation, etc. of Application for Compensation; (b) the victim obtained the money by taking out the money as collateral; and (c) the crime is not good; (d) the victim’

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