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(영문) 인천지방법원 부천지원 2013.09.26 2013고단675
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant pays 120 million won to the applicant for compensation by fraud.

Reasons

Punishment of the crime

On July 23, 2009, the Defendant made a false statement to the effect that “G Loan offices operated by F in Kimpo-si, Kimpo-si, Kimpo-si, Kimpo-gun, the Defendant created a right to collateral security on nine parcels, including Hanwon-gun H, and the creditor I Bank borrowed two of the three collateral security offices established and placed on the said real estate.”

In fact, the defendant did not have the intention or ability to cancel two of the three cases of collateral security in the name of the I Bank, which was established on the above real estate.

As above, the Defendant, by deceiving the victim, received KRW 123 million from the victim as the loan money on July 23, 2009 and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each testimony of the witness D, F and J;

1. Each prosecutor's office and police interrogation protocol against the defendant, F, and J (including D substitute part);

1. Each police statement about D, K, and L;

1. Application of Acts and subordinate statutes to accusation, request for loan application, loan agreement, mutually agreed execution note, receipt certificate, each certified copy of the register, investigation report (to hear telephone statements from the head of an I bank branch office);

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

1. Articles 25(1) and 31(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings for Compensation Order (the applicant for compensation also sought the payment of interest or damages for delay on the defrauded money of this case, but the compensation order under Article 25(1) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings is the system that orders the direct compensation of physical damage, etc. caused by the criminal act, and the "direct physical damage" is the value of the property or profit illegally acquired in the case of the fraud crime. Thus, it is not reasonable that the part seeking the payment of the above interest or damages for delay should be ordered by the criminal procedure to order the defendant only to order the compensation for the

1. Matters concerning the promotion, etc. of a provisional execution declaration;

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