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(영문) 서울서부지방법원 2020.09.23 2020고단990

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

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 August 14, 2019, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment with prison labor at the Seoul Western District Court on August 22, 2019, and the judgment became final and conclusive on August 22, 2019.

around 2012, the Defendant embezzled KRW 55 million from the real estate purchase price, which was owned B, and was arrested on August 28, 2017 and transferred to the Seoul Mapo Police Station on August 28, 2017 due to the suspicion that he/she acquired KRW 2,430,00 in the name of provisional registration expense from B and received KRW 2,430,00 in the name of provisional registration expense, and sentenced the victim C to form a joint and several surety in order

around September 22, 2017, the Defendant stated in the “Dhap Law Office” located in Yeongdeungpo-gu Seoul Metropolitan Government that “The Defendant would have the victim file a complaint from B, and have the joint and several surety be constructed in the convalescent hospital located in Seosung-si.” On September 28, 2017, the Defendant said that “B will not be liable for joint and several liability by paying the amount of KRW 5 million in the amount of KRW 35 million on July 22, 2018.” However, the Defendant did not work in the convalescent hospital located in the time of harmony and did not have any intent or ability to compensate the victim for the construction of the convalescent hospital located in the time of harmony, or to repay the amount of KRW 40 million in total to B.

The Defendant, on the same day, had the victim sign on a joint and several surety on the certificate of borrowing that the Defendant bears a total of KRW 40 million on the same day, and did not pay KRW 40 million to B, thereby acquiring property profits equivalent to the same amount.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Previous convictions in the holding of a notarial deed, a loan certificate, a investigative report (Hearing a criminal complaint C phone statement), a criminal investigation report (attached data for a suspect's request for inquiry into credit information), submission of E data, C data (B, F statement, a shop photograph owned by the suspect), F,B, andC: The application of Acts and subordinate statutes to criminal history records, etc., investigation reports (a) and criminal investigation reports (a like record verification, etc. of suspect A);

1. Criminal facts;