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(영문) 창원지방법원 진주지원 2021.01.28 2020고단1012
사기등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 17, 2011, the Defendant is the Chairperson of the Company C, “In-house,” to the injured party B at an influent restaurant not more than Daegu hydro-gu Suwon-ro.

If a miscarriage lawsuit is pending and the cost of lawsuit is required, the interest of 24% per annum shall be paid on July 16, 2012, and if a person participates in the lawsuit on July 16, 2012, he/she will return the amount of KRW 30 million in the name of the answer.

The phrase “the phrase was false.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 19.6 million from the victim to the Agricultural Cooperative Account in the name of D on January 17, 2011.

2. On January 17, 201, the Defendant was recommended to pay a loan of KRW 20 million on May 27, 201, by borrowing KRW 20 million from the damaged party and not changing it within the due date for payment.

On April 24, 2017, the Defendant: (a) prepared a sale certificate to move the name of the owner of the land E in the name of the Defendant, which is likely to be subject to compulsory execution on the land surface; and (b) sell the said land to F Co., Ltd.; and (c) filed an application for registration of transfer of ownership on the ground of sale of the said real estate with the registration office on September 5, 2017; and (b) transferred the said real estate after completing registration of transfer of ownership in the F.

Accordingly, the defendant has evaded compulsory execution by the victim's title.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. F registry, etc., receipt of loan, promissory note, account details, verification of details, text notes, real estate registry, suspect's proceeding litigation documents, and E trade contract;

1. Application of Acts and subordinate statutes to each investigation report (the No. 1, 2, 21, 26 of the evidence list);

1. Article 347(1) of the Criminal Act applicable to the relevant criminal facts, Article 347(1) of the Criminal Act (the point of fraud, the choice of fines) and Article 327 of the Criminal Act (the point of evading compulsory execution and the fine);

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