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(영문) 서울북부지방법원 2015.04.23 2014고단754

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 18, 2007, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Southern District Court, and on July 1, 2008, the above judgment became final and conclusive on July 1, 2008. On November 25, 201, the Defendant was sentenced to a suspended sentence of two years for a year of imprisonment for a violation of the Punishment of Tax Evaders Act due to a violation of the Punishment of Tax Evaders Act in the Yongsan District Court's senior support, and the above judgment became final and conclusive on June 13, 2013

The defendant is the owner of the building B and C in Seoul Special Metropolitan City.

The Defendant did not have any intent or ability to prevent the progress of auction for the above commercial buildings even if he received a monthly rent contract deposit, deposit, etc. from the victim D, and have no intention or ability to continue to lease the commercial buildings, and even though he did not own the commercial buildings in the ceiling and waterway, the Defendant did not have any possession thereof.

1. Around January 10, 2008, the victim of the Etel 1st floor in Gwangjin-gu Seoul Special Metropolitan City received KRW 5 million from the victim by deceiving the victim, "When there are two commercial buildings in Gwangjin-gu C and B, each B-1, and these commercial buildings are in secret, funeral services may be performed at any time at any time. It is difficult for the bank to obtain a loan at the time of the sale of the commercial buildings, and auction has been conducted because the commercial buildings have been carried out by an auction as soon as the commercial buildings have been carried out at the time of the sale of the commercial buildings, if the contract is 5 million won as the down payment, to withdraw the auction as the down payment and use the

2. Around the same time and time, at the same place, the victim possessed a commercial building on the river page, and this commercial building also would allow the victim to be used for funeral services in this commercial building if he/she had a 30 million won or more, and received 27 million won from the victim around that time by deceiving the victim.

Summary of Evidence

1. Second police suspect interrogation protocol against the accused (including substitute part);

1. Statement of the police statement of the victim;

1. A criminal investigation report (report accompanied by a certified copy of the register);

1. References to criminal records, references to each case's summary agreement and assistance, and application of each statute of a judgment;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense and the choice of punishment;