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(영문) 의정부지방법원 고양지원 2017.03.30 2016고단3634
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to imprisonment with prison labor for not less than eight months at the Goyang Branch of the Jung-gu District Court on January 28, 2016, and for the same year

5. 4. The judgment became final and conclusive.

[2] On September 1, 2015, the Defendant issued a false statement to the effect that “The instant building located in Seo-gu, Busan, Seo-gu, Seoyang-gu, Seoul, would be subject to the limitation of this height in “Dphilosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolosolo

However, in fact, the defendant did not have the intent or ability to permit reconstruction of the above building, and was thought to be used for the purpose of personal debt repayment, such as the use of the separate embezzlement case that was in progress at the time of receiving the money for the agreement.

As such, on November 5, 2015, the Defendant, by deceiving the victim, was transferred KRW 15 million to the Agricultural Cooperative Account (F) in the name of the Defendant, and KRW 8 million to the same account on December 15, 2015, respectively.

As such, the Defendant, by deceiving the victim, obtained a total of KRW 23 million and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A copy of receipt, a copy of a process deed, a copy of promissory note, and a deposit receipt;

1. Previous convictions: Inquiries about criminal history, reporting on the results of confirmation of the previous convictions of each disposition, and applying Acts and subordinate statutes to reporting criminal investigations (report attached to suspect rulings);

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. There are many criminal records against the defendant for the reason of sentencing under Article 62(1) of the Criminal Act, and there is a history of punishing the suspended execution due to fraud.

However, in agreement with the victim of this case, the victim does not want the punishment of the defendant.

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