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(영문) 서울서부지방법원 2015.08.21 2015고단1488
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 16, 2013, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud at the Seoul Western District Court, and the said judgment became final and conclusive on January 24, 2013.

On August 23, 2012, the Defendant made a false statement to the victim C, “In the process of receiving orders related to various public organizations and various events, there are many related persons who are going to this system with respect to the construction of various events. The Defendant would receive a water distribution team and special high-ranking construction related to the exercise of the international fixed number of international exhibitions even Dara-do, which would change KRW 20 million.”

However, in fact, the defendant did not have any intention or ability to allow the victim to receive any construction works in relation to the events of the International Quota EXPO.

After all, the Defendant, as above, by deceiving the victim and deceiving it from the victim on August 24, 2012, received the remittance of KRW 20 million from the national bank account (Account Number: D) in the name of the Defendant to the national bank account in the name of the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Each agreement and the return of down payment;

1. Investigation report (Submission of remittance statement);

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as investigation reports (Attachment to a copy of the same type of judgment);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 (1) of the choice of punishment (Selection of a fine in consideration of the equity with the case to be sentenced simultaneously with the case for which a judgment at the market becomes final and conclusive, the

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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