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(영문) 인천지방법원 2017.06.15 2017고단2294
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

From March 7, 2011 to October 20, 201, the Defendant lent KRW 15,500,000 to C, and received four copies of the loan certificate in blank from C. From April 15, 201 to October 17, 201, the Defendant received KRW 6,500,000 out of the principal and received KRW 9,00,000 from October 17, 201.

On July 20, 2012, the Defendant entered the Defendant’s claim in KRW 9,00,000 when filing an application for individual rehabilitation procedure commencement with the Incheon District Court 2012 Incheon District Court 59583, and filed an application for a final and conclusive judgment of individual rehabilitation claim investigation with the Incheon District Court 2014 as of June 20, 2014, stating the Defendant’s claim in total amount of KRW 63,00,000 in the loan certificate and submitted it to the court. On July 17, 2015, the Defendant tried to acquire financial benefits in the amount after receiving a decision to confirm that the Defendant’s claim is KRW 60,000,000 in the loan certificate. However, C filed a lawsuit of objection against the final and conclusive judgment investigation on August 17, 2015 and failed to file a lawsuit of objection against the final and conclusive judgment.

Summary of Evidence

1. The defendant's legal statement (as at the date of the second public trial, in the case);

1. Statement C in the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Application of Acts and subordinate statutes to a loan certificate, written response to correction of orders, written objection, and confirmation decision on the inspection of individual rehabilitation claims, 2014 and 14 confirmations;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Articles 352 and 347 (1) of the Criminal Act concerning the selection of punishment (elective of imprisonment);

1. Article 62 (1) of the Criminal Act on the stay of execution (The following sentencing shall be taken into account, etc.):

1. The reason for sentencing under Article 62-2 of the Criminal Act of the community service order is that the defendant deceptioned the court to gain pecuniary benefits, and the method of crime is extremely poor, but the victim C's objection did not reach the number of years upon the victim C's objection, the agreement with the victim was made, the initial crime and reflectiveness, and other factors, such as the motive and details of the crime

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