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(영문) 의정부지방법원 고양지원 2017.07.13 2017고단1086
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On December 10, 2015, the Defendant was sentenced to a suspended sentence of two years on June 25, 2016, in the support of the Sungnam branch of Suwon branch of Suwon branch of Korea for criminal fraud, and the judgment became final and conclusive on June 25, 2016.

[2] On October 1, 2014, the Defendant would allow the victim F to sell Gtel at the E Model E E E E office located in Guri-si, Guri-si on October 1, 2014, and the victim F to sell Gtel at the discount of 402.

The total sale price is KRW 232,689,610, which will be sold in KRW 100 million.

The phrase “the phrase was false.”

However, the above Gtel No. 402 had already been transferred to another person on September 23, 2014, and the above officetel had no intention or ability to sell the officetel even if the defendant received the sale price, since the above officetel had no intention or ability to sell it with the trust property of the Korea Asset Trust.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 30 million to H’s account on October 1, 2014 as the sale price from the victim; (c) received KRW 70 million from the Defendant’s account under the name of the Defendant on November 6, 2014; and (d) acquired KRW 100 million in total from the remittance to the Defendant’s account on November 6, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. Details of financial transactions;

1. Previous conviction: Inquiry about criminal history, search output of case, application of the text of the judgment;

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

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62 (1) of the Criminal Act on the suspended execution;

1. The reason for the defraudation of sentencing under Article 62-2 of the Criminal Code of the community service order is not so much specified, and there are many same records of force.

However, the injured party does not want to be punished by the defendant by fully paying the damages and by agreement with the injured party.

The punishment shall be determined as per the disposition by considering equity in the case where the judgment has been rendered simultaneously with the final judgment.

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