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(영문) 의정부지방법원 고양지원 2016.09.02 2016고단1033
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 27, 2015, the Defendant concluded a charter agreement with the victim F in the Pakistan-si Office of "D Licensed Real Estate Agent" (D Licensed Real Estate Agent C and 103), which is owned by the Defendant, on November 27, 2015, and concluded a charter agreement with the victim F., the Defendant concluded a charter agreement with the victim (hereinafter "D Licensed Real Estate Agent") and concluded a false statement with the victim, stating that "it is established on the present apartment mortgage and seizure, but it is possible to repay the debt and cancel the attachment until December 30, 2015."

However, in fact, from July 2015, the Defendant was unable to pay the loan interest interest on the above apartment as collateral, and the repayment and cancellation of the obligation until the date of the promise is not good. The Defendant did not have the intent or ability to have the victim live normally in the above apartment.

The defendant acquired the money of KRW 25 million from the victim and acquired the money of KRW 25 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H;

1. Statement of the police officer to I;

1. An investigation report (in cases of passbooks transaction submitted by A to a suspect, accompanied by details of passbook transaction);

1. Application of Acts and subordinate statutes to the apartment charter contract, receipt, full certificate of registered matters, and written confirmation;

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

1. According to the evidence duly adopted and examined by the court under Article 62(1) of the Criminal Act, the Defendant was found to have failed to pay interest on loans from July 2015 at the time of entering into a lease agreement with the victim for several months in arrears. There is no evidence suggesting that the Defendant was actually receiving actual income, even though the Defendant is running a publishing business at the time, and the Defendant did not submit any data on his/her business income.

Therefore, the Defendant is recognized to have no ability to cancel the seizure of real estate at the time of entering into the instant lease agreement and cancel the right to collateral security.

The defendant is a trader.

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