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(영문) 서울북부지방법원 2014.05.26 2014고정1016

사기

Text

Defendant shall be punished by a fine of KRW 1,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On May 7, 2010, the defendant was sentenced to three years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Eastern District Court on November 10, 2010, and the judgment became final and conclusive.

On October 16, 2006, the Defendant demanded the victim B to have the right to operate the brin restaurant in the second place of the construction site of the apartment site D in Kimpo-si and Siung-si, Kimpo-si, Seoul, the 6rd floor of the RNC building, the 5th floor of the 1981-1 RNC building in the Seocho-gu Seoul Metropolitan Government.

However, the defendant did not have the intention or ability to give the victim the right to operate the restaurant.

The defendant, in other words, has the victim enter into an agreement on the right to operate the cafeteria at the seat, and received the 10 million won as the down payment and acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the substitute part);

1. The police statement concerning B;

1. Previous records of judgment: Criminal records, investigation reports (written judgments and a copy of indictment attached), written judgments, and application of Acts and subordinate statutes of the Ministry of Justice to agreements on cases;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;