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(영문) 전주지방법원 군산지원 2019.08.14 2018고단907
사기
Text

A defendant shall be punished by imprisonment with prison labor for three months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On September 30, 2016, the Defendant was sentenced to six months of imprisonment with prison labor for an offense of violating the Electronic Financial Transactions Act in the official order support of the Daejeon District Court, and the judgment became final and conclusive on October 8, 2016.

【Criminal Facts】

The defendant prepared a false lease contract as if B operated a restaurant, along with the Eastwest, with B, and collected a loan from the three North-North Korea branch, an incorporated association, to receive a start-up lease fund.

Around October 16, 2012, the Defendant: (a) prepared a false real estate lease agreement and an additional agreement as if the Defendant actually operated the “E” restaurant located in the Doksan City located in the Defendant’s operation; and (b) submitted a forged real estate lease agreement, an additional agreement, etc. to G, the representative of which is at the victim C Jeonbuk-si Branch located in the Doksan City F on October 31, 2012, and received money from the victim as if he/she operated his/her restaurant from the victim’s H association account on November 2, 2012.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

Summary of Evidence

1. Defendant's legal statement;

1. Copy of the protocol of interrogation of the police as to B;

1. A copy of the decision of Seoul Eastern District Court 2014 High Court 2014 High Court 2895, Seoul Eastern District Court 2015No1295, Supreme Court 2016Do381, and H union transactions in B;

1. Previous convictions in judgment: Criminal history records and inquiry reports (verification of the existence of a final judgment of a suspect), and the application of statutes;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

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

1. The amount of money obtained by deceitation of the reason for sentencing under Article 62(1) of the Criminal Act is considerable, and the fact that the defendant has the same criminal records is disadvantageous to the defendant.

However, the defendant is responsible for his mistake.

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