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(영문) 서울동부지방법원 2015.11.19 2015고단2241

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

【Criminal Power】 On April 14, 2011, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court (Seoul Central District Court), and four months of imprisonment for fraud, etc. at the same court on August 11, 2011, and completed the execution of the final sentence on December 18, 2012.

【Criminal Facts of crime” around February 10, 2015, the Defendant made a false statement to the victim C at a coffee shop located in Seongdong-gu Seoul Metropolitan Government, stating that “The victim C may move down the down payment to a rental apartment in a good area, such as the above-mentioned district, because he/she has a friendship with the Korea Land and Housing Corporation, and may bring the down payment into the leased apartment in a good area, such as the above-mentioned district

However, the Defendant did not have any relation to the rental apartment occupancy contract with the Korea Land and Housing Corporation, and was thought to use the down payment received from the victim as office expenses and operating expenses, so there was no intention or ability to allow the victim to move into the rental apartment

On February 27, 2015, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the deposit account in the foreign exchange bank account in the name of the Defendant, as the down payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Receipt of remittance;

1. Previous records of judgment: Application of criminal records, inquiry reports (limited to the same type of crime, repeated crime, judgment and records of confinement) and Acts and subordinate statutes;

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

1. The reason for sentencing under Article 35 of the Criminal Act, including the background and content of the crime of this case, degree of damage, and the defendant committed several times of the same kind of crime during the repeated crime period, and the defendant was prosecuted for having committed a separate crime during the same repeated crime, and the defendant was prosecuted for having committed a separate crime during the same repeated crime, and the judgment was finalized on July 15, 2015 by the Seoul East Eastern District Court, which was sentenced to a fine of seven million won in relation to the separate crime.

and upon receipt of such order.