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(영문) 의정부지방법원 2019.08.13 2017고단4998
사기등
Text

As to the crime of fraud in the judgment of the defendant, the crime of violation of the Road Traffic Act (unlicensed Driving) in the judgment is six months.

Reasons

Punishment of the crime

On January 8, 2016, the Defendant was sentenced to five months of imprisonment for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.), and completed the execution of the sentence in a governmental prison on March 4, 2016. On March 23, 2017, the Seoul Northern District Court sentenced four months of imprisonment for the crime of property damage, etc., which became final and conclusive on June 16, 2017. On September 6, 2017, the Defendant was sentenced to four months of imprisonment by the Central District Court for a crime of property damage, etc., and the said judgment became final and conclusive on September 14, 2017. On November 21, 2017, the enforcement of the sentence was completed in a governmental prison.

On September 2, 2016, the Defendant stated that “When the construction cost of KRW 80,00,000 is paid, the construction work will be completed not later than September 21, 2016,” the Defendant entered into a contract for remodeling construction works in the victim C’s detached house located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu.”

However, in fact, the defendant was planned to use the construction cost received from the victim for separate construction cost or personal living cost of the defendant, and there was no intention or ability to complete remodeling construction work.

Nevertheless, on September 2, 2016, the Defendant, by deceiving the victim, received KRW 15,00,000,000 from the victim as the down payment, a cashier’s checks, cash of KRW 5,00,000,00 from the victim, and received KRW 91,313,00,000 as the title of construction payment over 25 times from around that time to October 2016, as shown in the list of crimes in the attached list of crimes.

around 20:12 on December 14, 2017, the Defendant driven a Fsch Rexton car without obtaining a driver's license from approximately 100 meters from the front road of the Namyang-si to the front road of the same city.

Summary of Evidence

"2017 Highest 4998"

1. Defendant's legal statement;

1. Statement to C by the police;

1. A copy of contract, detailed statement of transaction by account, construction site photographs, and detailed statement of deposit transactions;

1. Previous convictions indicated in its judgment: Attachment of computer inquiry request and a final judgment of investigation report;

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