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Reasons
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(영문) 수원지방법원 2015.12.09 2015고단3801
사기
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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 becomes final and conclusive.

Reasons

Punishment of the crime

On April 28, 2014, the Defendant made a false statement to the victim F at the Tradice Office Co., Ltd., Ltd. located at 484-24, Cheongsung-si, Cheongsung-si, Cheongsung-si, that “on the loan of KRW 30 million to repay it up to April 27, 2015, and to pay interest of KRW 2.5% per month until the above due date shall be paid every 20th day of each month,” while a notary public belonging to the Incheon District Public Prosecutor’s Office established a transfer of security by means of possession or amendment to secure the Defendant’s above loan obligation, and a notary public belonging to the Incheon District Public Prosecutor’s Office prepared and issued a notarial deed of money loan loan contract for transfer to security (0420, 2014).

However, in fact, the above machinery, except for four vehicles, which the defendant agreed to set up a security for transfer by the victim, was owned by the plaintiff, who is not the ownership of the defendant. At the time, the defendant was unable to prepare the material cost to be paid to the transaction partner because he was unable to borrow money from the victim, so even if he borrowed money from the defendant, he did not have the intention or ability to pay the money.

Nevertheless, the Defendant received 30 million won as a loan from the victim, i.e., the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes to notarial deeds, borrowed deeds, details of deposits, and protocol of impossibility of executing corporeal movables seizure;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Article 62 (1) of the Criminal Act (Consideration of the agreement with the victim);

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