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(영문) 서울중앙지방법원 2016.11.03 2015고단5710
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

Reasons

Punishment of the crime

[Attachment] Defendant A was sentenced to two years in Seoul High Court on July 5, 2013 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on September 27, 2013.

Defendant

B On February 11, 2015, the Seoul Southern District Court sentenced six months of imprisonment for fraud, etc., and the judgment became final and conclusive on September 18, 2015.

Defendant

B, in addition to the previous records of the judgment, on April 19, 2013, after the crime of this case, the same court was sentenced to four years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment was finalized on September 27, 2013.

However, on January 28, 2010, the above Defendant was sentenced to a suspended sentence of two years for a violation of the Punishment of Violences, etc. Act at the Seoul Central District Court (joint confinement) and the judgment became final and conclusive on May 13, 2010. As above, the crime for which judgment became final and conclusive on September 27, 2013 is committed before the judgment became final and conclusive on May 13, 2010, and is only a case where a judgment could have been rendered simultaneously with the crime for which judgment became final and conclusive, and thus, the above case constitutes a case where a judgment could not be rendered simultaneously with the crime for which judgment became final and conclusive, and thus, the sentence may not be imposed or mitigated in consideration of equity with which judgment is to be rendered at the same time pursuant to Article 39(1)

【Criminal Facts】

1. On May 18, 2012, Defendant A’s sole criminal defendant provided that, at the coffee shop located in Yeongdeungpo-gu, Seoul Special Metropolitan City, the victim I, “A, who has the claim of the president of the J company and the non-funds, is in need of funds in order to infusing this claim. L is in need of KRW 200 million. L is in need of the amount of 20 million capital, and the amount of KRW 120,000,000 is prepared. On the other hand, 100 days, 100 days a short amount of money, and 120,000 won a short amount of money, from the victim in cash and in cash, at the same place as on May 25, 2012, Defendant A received KRW 120,000 from the victim.

However, the fact is that the defendant holds the K president's claim and the non-funds.

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