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(영문) 부산지방법원 서부지원 2019.10.16 2019고정697
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

The Defendant, B, and C have leased the construction section and offered to acquire the price by selling it, B has the role of borrowing the construction section, the Defendant has the role of transporting and keeping the construction section, and C has the role of disposing of the borrowed construction section.

B Around March 21, 2017, at the F Office for the Operation of Victim E in Guro-si, Seoul Special Metropolitan City on March 21, 2017, the victim made a false statement to the effect that “I will pay rent of KRW 150,000 won per day to the owner of the fishery lease and KRW 30,000 per day to the owner of the fishery lease if I lease one fish lease used at the construction site and one industrial power generation unit.”

However, the defendant, B, and C had no intention to pay rent or return leased tools because they thought that they would sell the tools leased from the beginning to other places.

As such, the Defendant, in collusion with B and C, deceiving the victim, and then, in i.e., e., e., e., e., e., e. 2 million Korean market price from the victim, obtained from the victim, i.g., e., e., e., e., e., e., 18 million Korean market

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each prosecutor's protocol of examination of suspect C and B to the prosecution

1. Article 347 (1) and Article 30 of the Criminal Act, the applicable law on criminal facts, the choice of punishment, and the choice of fines;

1. On January 11, 2018, the Defendant was sentenced to four years of imprisonment for a crime of fraud in the latter part of Articles 37 and 39(1) of the Criminal Act, which are both concurrent treatment and exemption from punishment, and the judgment became final and conclusive on September 13, 2018. The above judgment is similar to the crime of fraud in which the judgment became final and conclusive, and the Defendant recognized the instant crime and divided the mistake. In addition, the terms and conditions of sentencing, such as the Defendant’s age, character and environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., as indicated in the argument in the instant case, have become final and conclusive.

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