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(영문) 의정부지방법원 2019.09.18 2019고단328
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

On November 7, 2016, the Defendant had been sentenced to four months of imprisonment with prison labor for fabrication of air at the District Court for the purpose of forging air, etc. and the judgment became final and conclusive on February 3, 2017.

Punishment of the crime

Around November 2013, the Defendant found the victim D’s office located in Macheon-si B Building C, and demanded various expenses, such as food expenses, vehicle expenses, etc., to arrange the victim’s business continuously from April 2, 2014 to the victim. The Defendant sought various expenses to arrange the victim’s business of the instant timber.

However, the defendant did not have the intention or ability to obtain the consent on the felling of standing timber on his/her forest land from the FSC.

As above, the Defendant, by deceiving the victim as above, received KRW 100,000 from the victim as activity expenses for carrying out the above punishment project on April 2, 2014, and received KRW 100,00 from the Defendant’s H association account as the Defendant’s H association account. From that time, the Defendant, from September 20, 2015, received KRW 15,950,000 (=a total of KRW 2,400,000, KRW 10,450,000, KRW 3,100,000) from the said H association account under the same pretext as the list of crimes (i), (ii), and (iii) until September 20, 2015.

Summary of Evidence

1. Part of the defendant's legal statement;

1. Legal statement of witness D;

1. Statement D in the police interrogation protocol of the accused;

1. Statement made to D by the police;

1. Account transactions (I), account transactions (E), and account transactions (D);

1. Application of the Acts and subordinate statutes to the investigation report (the monetary content of the F Institute of Private Teaching Institutes legal entity), replys to requests for cooperation in investigation

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Judgment on the assertion by the defendant and his/her defense counsel as to the assertion of concurrent crimes under the latter part of Articles 37 and 39(1) of the Criminal Act (the crime of forging air defense at the time of sale)

1. The Defendant is in fact in a special relationship with the FSC, etc.

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