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(영문) 서울남부지방법원 2015.03.11 2015고정344

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 29, 2014, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Southern District Court, and the appeal against the judgment was dismissed on November 14, 2014, and the judgment became final and conclusive as it is.

On March 26, 2013, the Defendant stated that, at the office of Yeongdeungpo-gu Seoul Metropolitan Government Office No. 301 on March 26, 2013, the Defendant did not have the ability or intent to obtain a loan equivalent to KRW 6 billion with the higher land appraisal price, and that “The Defendant would allow the victim C to obtain a loan of KRW 6 billion by receiving a higher appraisal price on the land located in Chungcheongnam-gun, Chungcheongnam-do.”

As above, the Defendant, by deceiving the victim as above, acquired KRW 20 million on the following day from the victim in the name of business promotion expenses, and acquired KRW 5 million on April 24, 2012, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement of C;

1. Complaints and reports on investigations ( Results, etc. of search and seizure);

1. Previous convictions in judgment: A criminal investigation report (report accompanied by a written judgment) and application of each statute;

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 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;