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(영문) 서울서부지방법원 2016.07.21 2016고정328
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On August 8, 2013, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Northern District Court and one year of suspended execution, and the judgment becomes final and conclusive around that time.

On January 11, 2011, the Defendant would be able to obtain business rights related to the C Housing Redevelopment (hereinafter “C Housing Redevelopment”) from the “C Housing Redevelopment (hereinafter “C Housing Redevelopment”) office located in the Jung-gu Seoul Metropolitan Government around January 1, 201, from the victim D.

“The phrase “ was false.”

However, the defendant did not borrow money to use it as expenses related to C Housing Redevelopment Project, and at the time the defendant was in charge of it.

C In the case of redevelopment projects, the redevelopment itself did not proceed because the redevelopment rate of the residents' consent was less than 50%, and even if redevelopment is conducted, the defendant did not have a position to grant the right to operate the project related to the telecommunications construction. Even if the defendant received money from the damaged party as the borrowed money, he did not have the intent or ability to pay the borrowed money to the injured party.

Nevertheless, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the Agricultural Cooperative Account (F) in the name of the Defendant’s wife E, and acquired 5 million won from the victim.

Summary of Evidence

1. The defendant's statement at the third public trial date in court;

1. Each police statement made to D or G;

1. A loan certificate, a copy of passbook, and a certificate of confirmation of transfer;

1. Previous convictions: Application of written inquiries about criminal history and other Acts and subordinate statutes;

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. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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