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(영문) 대구지방법원 의성지원 2017.01.26 2016고단245
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court on February 17, 2012 and the judgment became final and conclusive on October 19, 2012. On March 27, 2014, the same court was sentenced to two years and six months of imprisonment for the crime of fraud, fabrication of private documents, and the crime of deception of the above investigation documents, and the judgment became final and conclusive on June 12, 2014. On January 22, 2015, the Seoul Central District Court sentenced the Defendant to one year of imprisonment for the crime of forging private documents, the crime of forging the above investigation documents, and the judgment became final and conclusive on September 10, 2015.

[2] On November 18, 2009, the Defendant, at the Defendant’s C office located in Yangcheon-gu Seoul Metropolitan Government around November 18, 2009, operates a business called “E by filing an application for a patent at home and entering into a patent exclusive license agreement with the Callco Co., Ltd. and entering into a patent exclusive license agreement with the Defendant. However, the Defendant would guarantee the Defendant’s profits of at least 2.5 million won per month if investing in the amount

Since there is KRW 100 million under the name of the right to claim the return of the office lease deposit, it is expected to set up KRW 50 million among them as security.

“The phrase “ was false.”

However, in fact, the patent exclusive license agreement presented by the defendant was forged, and the defendant did not have the intent and ability to pay principal and profit even if 50,000 won was invested from the injured party, there was no right to claim the return of the lease deposit, and the defendant was a person who has no relation with the office's office's lessor.

Nevertheless, the defendant was issued KRW 50 million to the single bank account of the defendant's mother F on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. All the documents attached to the complaint and the complaint;

1. Records of the judgment: Application of inquiry letter, investigation report (the confirmation of criminal records of the same kind) and other relevant Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. The Criminal Act dealing with concurrent crimes;

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