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(영문) 서울중앙지방법원 2016.09.30 2015고단3265
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 18, 2011, the Defendant was sentenced to one year and six months of imprisonment for fraud, etc. at the Seoul Central District Court, and on September 30, 201, the Defendant was sentenced to imprisonment on September 30, 201 by the same court, and completed the execution of the sentence on April 30, 2012.

On December 2, 2012, the Defendant purchased a modern Grand Office Office in the Dong-dong, Daejeon-dong, Daejeon-dong, and expected to sell it to the victim D at the C office of the Defendant’s management company in the third floor of Seocho-gu, Seoul Metropolitan Government (Seoul) around December 2012.

Currently, because 60% of the occupants of officetels consent to remodeling works, internal removal is possible at any time.

The right to remove 50 million won in the name of the deposit shall be granted to the removal construction right.

“The phrase “ was false.”

However, the defendant did not purchase the above officetels and there was no right to undertake remodeling construction works for the above officetel, and even if he received the payment from the injured party as a security deposit, he did not have the intent or ability to reduce the right to remove the above officetels.

On January 18, 2013, the Defendant received KRW 50 million from the damaged party to the Agricultural Cooperative Account under the name of the C on January 18, 2013 and acquired it by money.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A protocol concerning the interrogation of suspects of E;

1. Statement made by the police against D;

1. A contract for construction works, a written certification, a cash storage certificate, and a certificate of confirmation on the transfer of funds;

1. Previous convictions in judgment: Inquiry about criminal history, application of the Acts and subordinate statutes concerning personal identification and confinement;

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. The reason for the sentencing of Article 35 of the Criminal Act for aggravated repeated crimes [the scope of the recommended punishment] In general fraud [10 million won] [1-2 years and six months] of the aggravated area (1-2 years] [1-6 months] of the same type of repeated crime [the person subject to special aggravated punishment] committed recidivism only for a few months after having been released from the prison, despite the fact that there had been a strong history of punishment for fraud as a result of multiple times, and no reimbursement has been made at all even if there have been a lot of fraud amount.

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