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(영문) 수원지방법원 안산지원 2017.11.22 2017고단1785
사기등
Text

Defendant

A and B shall be punished by imprisonment with prison labor for four months, and by imprisonment with prison labor for six months.

However, as to the defendant A and B,

Reasons

Punishment of the crime

The date of the final judgment rendered on September 25, 2012 with respect to Defendant A and C indicated in the indictment appears to be “ October 2, 2012.” (see, e.g., evidence records 16 pages) and “ October 10, 2013.” as the date of the first judgment with respect to Defendant B appears to be a clerical error in the “ October 11, 2013.” (see, e.g., evidence records 151). Thus, the correction is ex officio.

In addition, it is clear that the forgery of a private document on the lease contract under the J's name on February 20, 2010 concerning the crime of Paragraph 1 of the judgment was not prosecuted (the filing date of the instant indictment). As such, seven years have elapsed since the statute of limitations as of June 30, 2017 as of June 30, 2017.

It is highly probable to see that the facts charged are partially revised to the extent that there is no disadvantage to the exercise of the right of defense by Defendant C and B.

[B] On March 23, 2011, Defendant A was sentenced to one year and six months of imprisonment for a crime of fraud, etc. at the Seoul Western District Court on September 28, 201, and the judgment became final and conclusive on September 28, 201. On September 25, 2012, Defendant A was sentenced to one year of imprisonment for a crime of fraud, etc. at the same court, and the judgment became final and conclusive on October 3, 2012.

Defendant

C was sentenced to four years of imprisonment for a crime of fraud, etc. at the Seoul Western District Court on September 25, 2012, and the judgment became final and conclusive on October 3, 2012. On October 11, 2013, upon being sentenced to six months of imprisonment for a crime of fraud, etc. at the same court on October 11, 2013, the judgment became final and conclusive on January 15, 2014, and on December 15, 2016, the said judgment became final and conclusive on August 18, 2017.

Defendant

B was sentenced to three years of imprisonment for fraud, etc. at the Seoul Western District Court on October 11, 2013, and the judgment became final and conclusive on March 5, 2014, and on February 4, 2015, the Seoul Western District Court sentenced two months of imprisonment for fraud, etc. at the Seoul Western District Court, which became final and conclusive on February 12, 2015.

[Contents of Crimes]

1. Defendant C and Defendant B’s joint crime - the exercise of the above investigation document, and the fraud Defendants shall acquire money by means of a forged real estate lease agreement with F.

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