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(영문) 인천지방법원 2017.06.28 2015고단7857
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

The defendant is a member of the D church.

On October 29, 2014, at the F Office of the Victim Foundation in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant would make a registration of the establishment of a right to collateral security with the victim as the person who has the right to collateral security to G, who is an employee of the victim, at the F Office of the Victim Foundation in Yeongdeungpo-gu, Seoul, to support the amount of KRW 100,000,000,000,000.

The term "" refers to the following.

On January 8, 2015, the Defendant and H provided that K had a certified judicial scrivener who tried to process the registration of the establishment of the above right to collateral security upon delegation from the injured party on the third floor of the above building, grant K the head of H’s seal impression, and let K affix his seal impression on the agreement of the establishment of the right to collateral security, and have K believe that the said period will be completed.

The next victim made phone calls to the employees of the victim and received 100 million won from the defendant's agricultural bank account at around 10:30 on the same day.

However, as security for the above subsidies, the Defendant and H conspired with the absence of the intent or ability to register the establishment of the right to collateral security on the above building, etc., thereby deceiving the victim’s employees, etc., thereby deceiving the victim of KRW 100 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement of the witness G and K in the second public trial records;

1. Entry of each part of the witness H and L in the three-time public trial records;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A contract for creation of collateral security;

1. Application of Acts and subordinate statutes governing each certificate for registration;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of criminal facts;

1. Article 62 (1) of the Criminal Act on the stay of execution ( normal consideration considered as follows):

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [the scope of recommended punishment] In a case where the mitigation area (10 million won or more, or less, and less than 500 million won) is reduced (2-2-6 months from October to February) [the case where a person who has been specially mitigated is not subject to punishment or a case where a considerable damage has been restored [the decision of sentence].

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