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(영문) 수원지방법원 2017.09.06 2017고단2102
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 12, 2013, the Defendant was sentenced to imprisonment with prison labor and one year and six months for the crime of fraud, etc. from the Suwon method sources, and the judgment became final and conclusive on November 4, 2013.

On June 5, 2009, at the victim D's office located in Seosung-si, the Defendant: (a) falsely stated that "the Defendant will pay the victim KRW 250 million after two months after the loan of KRW 200 million; (b) if he/she fails to pay the money, he/she will register the transfer of ownership of Pyeongtaek-si E-si Forest Land and Forest Land; and (c) written a real estate transaction agreement stating that he/she sells the ownership of the said forest and forest to the victim KRW 200 million.

However, at the time of fact, the Defendant was not required to “permission to establish a factory”, and even if 200 million won was borrowed from the injured party due to his personal debt, etc., it was difficult for the Defendant to pay 200 million won after the lapse of two months. In addition, the forest was in the condition that the Defendant paid the down payment only, and the forest was in which

Nevertheless, the defendant deceivings the victim as above and acquired 200 million won from the victim to the national bank account in the name of F on June 5, 2009.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A real estate contract, a letter, a payment order, a bond and a collection order, a seizure and collection order, a seizure order or a passbook to claim a registration of transfer of ownership of real estate, a written confirmation, each certificate, a real estate transaction contract, a document using money, a certified copy of relevant real estate registry

1. Previous convictions in judgment: Investigation report (Attachment to the previous decisions, etc. attached thereto), inquiry report about criminal history, and application of statutes;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Act on the Suspension of Execution is a single concurrent crime for the reason of sentencing under Article 37 of the Criminal Act, and the sentencing criteria do not apply.

The defendant is a same crime.

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