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(영문) 수원지방법원 성남지원 2018.06.22 2018고단605
사기
Text

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

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

Reasons

Punishment of the crime

On January 24, 2018, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution as a crime of embezzlement in support of Sungnam branch of Suwon branch of Suwon branch, and the above judgment became final and conclusive on February 1, 2018.

In addition, on April 17, 2018, the defendant was sentenced to 6 months of imprisonment with prison labor and 2 years of suspended execution for fraud in the Youngcheon District Court's Young-gu branch support, and the above judgment became final and conclusive on April 25, 2018.

The defendant is a lawyer who operated a lawyer's office under the trade name of Seocho-gu Seoul Metropolitan Government B and 1001.

On March 14, 2012, the Defendant made a false statement to the effect that “The victim E will pay interest of 39% per annum by June 13, 2012 after lending KRW 50 million to the victim’s high school, 400 square meters per annum, 122 square meters per annum, and 1.1 billion per annum per annum, even before the third party’s ownership, the Defendant set up penta-gun’s land at 400 square meters, 122 square meters per annum, and 1.1 billion won per annum,” and that “The Defendant will pay the victim E with interest of 39% per annum by June 13, 2012.”

However, the defendant did not have the ability to establish a collateral security for the above real estate even if he borrowed money from the damaged person due to the lack of authority with respect to the above penta, and there was no intention or ability to pay the interest of KRW 50 million and its interest because there was a large amount of expenses to be incurred in running the business after the month when he borrowed money from the damaged person.

The defendant deceivings the victim as above, and he received 50 million won from the victim to the account under the name of the defendant on the same day, and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol and complaint prepared by the police against E;

1. Previous convictions in the judgment: The defendant's legal statement, investigation report (Attachment of the judgment attached), - one copy of the judgment of the High Court of 2017 Gonam support 3166, and one copy of the judgment, the results of the investigation and confirmation of his previous convictions in the disposition, and the application of the indictment No. 2017, No. 4947 and one part of the court case search, respectively;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The latter part of Article 37 of the Criminal Code for the Treatment of Concurrent Crimes:

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