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(영문) 인천지방법원 2013.08.07 2012고단10258
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant borrowed 160 million won, around January 27, 201, around 201, around 15, 201, around June 15, 2011, and around June 28, 2011, from her mother and child victim D, while operating the Defendant Company C, and the Defendant failed to repay the loans properly. However, the Defendant applied for provisional attachment on 200 million won, from the Incheon District Court on November 23, 201, to the Incheon District Court for provisional attachment on her own E and 12 parcels, a stock company, and registered as a provisional attachment establishment on November 23, 2011.

On November 28, 2011, the Defendant stated that “The Defendant would pay KRW 129,550,000,000 to the Defendant, who was given a provisional seizure of the seized land as collateral, to the Defendant, with the right to borrow the land as collateral, from G real estate located in the Seo-gu Incheon Metropolitan Government.”

However, in fact, when the victim had cancelled provisional seizure, the defendant thought that he would sell the above land to another person or make a temporary registration of the right to claim ownership transfer registration based on the purchase and sale reservation, and thus, even if the victim had cancelled provisional seizure, he did not intend to obtain a loan from the above land as collateral and repay the debt of the victim.

On December 20, 201, the Defendant, by deceiving the victim as such, had the victim cancel the provisional attachment on December 20, 201, thereby acquiring pecuniary benefits equivalent to the security value of the said real estate.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. An interrogation protocol of the accused by the prosecution (including D substitute part);

1. Application of Acts and subordinate statutes, such as a copy of the loan certificate, D bank transactions, copy of the copy of the register, copy of the register, and copy of the register;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Grounds for conviction under Article 62 (1) of the Criminal Act;

1. The Defendant promised not to make a provisional seizure against the instant land by the victim, but reversed it.

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