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(영문) 의정부지방법원 2017.11.29 2016고단3549
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2, 2015, the Defendant: (a) agreed to sell the instant singing room to the victim F on the front of the “Esing room” in both weeks; and (b) explained to the effect that in the process of filing an application for change of the representative of a place of business in both weeks, a public official under the name is subject to an administrative disposition taken by the transferee, in the process of filing an application for change of the representative in the two weeks cultural information and office located in 1533, both weeks; and (c) provided that there was no crackdown on the said singing room.

“False speech was made to the effect that it was “.”

However, the above singing was in violation of the Music Industry Promotion Act due to loan arrangement on October 17, 2015, and was controlled by the police for the same reason on October 24, 2015, and was scheduled to suspend the business.

Nevertheless, the Defendant did not notify the victim of the above facts and received the remittance of KRW 54 million on November 2, 2015 from the victim as the premium for singing, from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F in the third public trial records;

1. Statement made by the witness G in the fourth public trial protocol;

1. Partial statement of the witness H among the trial records at the fourth and fifth public trial records;

1. Statement made by the witness I in the fifth public trial records;

1. Entry of the defendant's partial statement in the suspect interrogation protocol to the prosecution, entry of H's partial statement, and entry of F with regard to the defendant;

1. Statement of the part of H in the interrogation protocol of the suspect who is sent to the defendant twice by the police;

1. Entry of part of H in the three-time suspect interrogation protocol against the defendant in the police room;

1. Statement made to F in the police statement protocol;

1. Application of Acts and subordinate statutes to the certificate of deposit (54 million won), notification of administrative disposition to business entities violating the Music Industry Promotion Act, notification of disposition in advance (including notification of submission of opinions), written order of each administrative disposition, copy of contract for transfer or takeover of each right (facilities), investigation report (a copy of contract for sale);

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment.

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