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(영문) 인천지방법원 부천지원 2015.10.29 2015고단2168
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On March 13, 2013, the Defendant prepared a notarial deed for a monetary loan loan of KRW 123,00,000 to the victim C. On July 30, 2013, the victim was ordered to attach each deposit claim against the Defendant’s national bank, etc. on July 30, 2013 by the Incheon District Court Decision 2013TTTB8709 on July 30, 2013. On February 17, 2014, the Defendant was ordered to seize the shares of the YAF International Investment Company, which was held by the Defendant, by the Busan District Court Branch Branch Decision 2014TBT 155 on February 17, 2014.

1. On July 14, 2014, the Defendant made a false statement to the victim at an unsound place, stating that “The amount of money invested is less than one billion won due to seizure. The seizure of stocks and accounts is set off.” The Defendant would receive KRW 1.00,000,000 from the face value of the seizure to repay KRW 123,00,000,000.”

However, in fact, the defendant did not have agreed to receive investment from others, and even if the victim was released from seizure, the defendant did not have the intent or ability to repay the obligation to the victim.

The defendant had the victim submit to the court a written withdrawal of a request for the seizure of shares on the same day and a written request for cancellation of seizure and waiver of collection rights against the seizure and collection rights of the same day, thereby acquiring property profits equivalent to KRW 123,00,000, which is the underlying claim for the seizure of shares.

2. On January 23, 2014, the date when the property was named in the Incheon District Court Branch Branch 2013Kao3020, which was the date when the property was named in the case of property specification, filed by the Defendant, the Defendant in violation of the Civil Execution Act, who was the creditor of the Defendant, was present at the court of Busan District Court Branch 354, which was the date when the Defendant was to take an oath, and submitted a false inventory without stating

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

1. Each police statement of C;

1. Complaints (including attached documents), notarial deeds, withdrawal of applications, cancellation of claims, and waiver of collection rights.

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