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(영문) 서울중앙지방법원 2017.11.22 2017고단3796
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2] On October 13, 201, the Defendant was sentenced to imprisonment with prison labor for the crime of forging securities at the Seoul Western District Court on May 10, 201, to imprisonment with prison labor at the Seoul Western District Court on August 10, 2012, and six months at the Seoul Central District Court on August 30, 2012, and the execution of the sentence is completed on June 21, 2013 at the Seoul Western District Court.

[2] On August 27, 2015, the Defendant, within the E-legal office located in Seocho-gu Seoul Metropolitan Government (Seoul Seocho-gu) around August 27, 2015, knows that “G shares are offered as security for financing KRW 40 billion to the victim F.

A false statement was made that the contract amount would provide 100 million won at the face of the week.

However, the defendant did not have the intention or ability to lend 40 billion won even if he received the agreed amount from the injured party.

As above, the Defendant: (a) by deceiving the victim; (b) obtained the remittance of KRW 50 million from the victim on August 31, 2015; (c) KRW 50 million on September 1, 2015; and (d) KRW 100 million on September 1, 2015; and (c) obtained such money as a contract deposit

Summary of Evidence

1. The defendant's legal statement (as at the fourth public trial date);

1. Partial statement of the defendant concerning the defendant in the protocol of interrogation of the suspect against each prosecutor;

1. Statement of the police interrogation of E (No. 6 No. 1 time);

1. Copies of the police statements made to F, and the police statements made to H;

1. Complaint;

1. Each investigation report (Nos. 5 and 20 once a year);

1. Financial statements (net No. 2), contract-related data (netly No. 4), inquiry of transaction details (netly No. 8), financial loans and utilization contracts (netly No. 18), text-printeds (netly No. 21), copy of confirmation of transfer transaction (netly No. 25), and receipts (netly No. 30);

1. Previous convictions indicated in the judgment: A reply to inquiry, such as criminal history, investigation report (verification of a repeated offense, etc.), text of the judgment and case search details (No. 13 times a year), application of Acts and subordinate statutes concerning personal confinement;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. Reasons for sentencing Article 35 of the Criminal Act for aggravated repeated crimes.

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