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(영문) 춘천지방법원 원주지원 2013.10.16 2013고정184
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On August 10, 2011, the Defendant was sentenced to four years of imprisonment with prison labor for fabrication of official documents at the Seoul Central District Court, and the judgment became final and conclusive on October 27, 2011.

On December 24, 2010, the Defendant made a false statement to the victim C (the age of 55) without the ability or intent to pay the attorney fees even if he/she borrowed the attorney fees, that he/she owns 30,000 square meters on the ground that no one is a week from the Japanese colonial era to the day of 30,000 square meters on the ground that he/she would transfer 1,500 square meters among them to a pay fishing place.

The Defendant, by deceiving the victim, had the victim transfer 5 million won to the E account of the office head of the D office.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and C;

1. Written statements of D;

1. Investigation report (F telephone conversations for reference);

1. A copy of a bankbook;

1. Records before and after judgments: Criminal records, etc., references to the previous records, reporting on the results of dispositions and verification, and applying Acts and subordinate statutes respectively (Seoul Central District Court Decision 201No1744, Supreme Court Decision 2011Do10980);

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;

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