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(영문) 인천지방법원 2017.10.19 2016고단6907
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2010, the Defendant was sentenced to a suspended sentence of 6 months of imprisonment with prison labor for a false accusation in the Goyang Branch of the District Court, and the said judgment became final and conclusive on May 5, 2010.

At the time of the strike owned by her husband D, the Defendant, in the E Forest land, lent money from the victim G to the creditor of F, and had the creditor of F take money from the victim G to suspend compulsory auction.

On April 4, 2009, the Defendant: (a) at the victim’s house located in Seodaemun-gu Seoul, Seodaemun-gu, H and 401, the Defendant borrowed money from the victim as collateral, “D, her husband, owns a forest equivalent to the 5,800 square meters of forest land in the her husband, and D borrowed money equivalent to the 5,800 square meters of forest land.

Since D did not pay the money to a person who borrowed D money, a person who borrowed D applied for an auction.

In order to suspend auction, deposit money is required to be more than 50 million won.

If a person lends money, he/she shall recover the deposit money and pay 50 million won within three months.

The phrase “ makes a false statement.”

However, in fact, although the Defendant had real estate owned by her husband, it was offered as a security by borrowing KRW 250 million from F, and the interest was not paid properly. In addition, the Defendant was in a situation where taxes were not paid to the victim while he did not repay the existing debt equivalent to KRW 120 million to the victim, so even if he borrowed money from the damaged person, there was no intention or ability to change it within three months.

Nevertheless, the defendant deceivings the victim as above and received delivery of KRW 7.6 million on April 6, 2009 from the injured party.

Summary of Evidence

1. Recording of a witness I's statement in the second public trial protocol;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement of the police statement related to G;

1. A certified copy of register;

1. Previous convictions in the judgment: A reply to inquiry, such as criminal history, and confirmation of the date of confirmation [I's proposal or teacher in the light of the poor financial status of the accused at the time, details of exhaustion of seized deposit money, absence of a clear change bank, etc.];

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