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(영문) 서울중앙지방법원 2016.12.06 2016고정3340
사기
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 18, 2009, the Defendant was sentenced to eight months of imprisonment (two years of suspension of execution) for the violation of the Act on Special Cases concerning the Regulation and Punishment of Speculative Acts, etc. at the Jung-gu District Court on November 26, 2009, and the judgment became final and conclusive on November 24, 2011, which was sentenced to eight months of imprisonment (two years of suspension of execution of imprisonment) at the Seoul Central District Court on June 22, 2012, and became final and conclusive on June 22, 2012. On July 26, 2012, the judgment became final and conclusive on August 3, 2012 as imprisonment for six months (two years of suspension of execution of imprisonment) with prison labor at the Suwon District Court Sung-nam Branch Branch Branch of the Suwon District Court on April 26, 2013.

The Defendant is the representative director of Real Estate Development Business Co., Ltd. in Gangnam-gu Seoul Metropolitan Government C.

Around March 11, 2008, the Defendant made a false statement to the victim D, stating, “If he purchases real estate owned by the company (population E at the time of Gyeonggi-do, he will make a transfer registration without any longer than anything else.”

However, since a provisional registration of the right to request the transfer registration in the name of Capital Capital Co., Ltd. was made at the time, even if the defendant receives money from the victim, he did not have any intention or ability to comply with the above promise.

After all, the Defendant, as above, by deceiving the victim as above, received KRW 18.75 million on the day from the victim, and acquired KRW 65.25 million on April 17, 2008, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning the F;

1. Statement by the prosecution concerning G and H;

1. Each police statement of D (including the cross-examination part of I);

1. Statement to J police officers;

1. Each land sales contract;

1. A certified copy of the register;

1. Previous convictions in judgment: Investigation report, court rulings, and application of information-related Acts and subordinate statutes;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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

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

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