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(영문) 의정부지방법원 2018.07.11 2018고정661
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On October 12, 2012, the Defendant was sentenced to a two-year suspended sentence for a four-month term to be a crime of fraud at the District Court, and the judgment became final and conclusive on October 20, 2012. On May 24, 2013, the same court was sentenced to a one-year suspended sentence of imprisonment for a four-month term as a crime of fraud, and the judgment became final and conclusive on June 1, 2014. On April 30, 2014, the same court was sentenced to a one-year and six-month imprisonment for a crime of fraud and the said judgment became final and conclusive on May 13, 2014. On October 20, 2014, the same court was sentenced to a two-year suspended sentence of imprisonment for a one-year term as a crime of fraud, and on October 28, 2014.

The Defendant, who operated the “C” in Sincheon-si B, did not obtain permission from the competent authorities to create a cemetery at the same time, and did not notify the fact that he did not sell it to the public and acquired the proceeds of sale.

On March 16, 2008, the Defendant stated that “Around March 16, 2008, at the above C Office, the victim D could rent a cemetery normally to the victim D, saying, “The Defendant leased a 6 square and a stone substitute to C so that the parents of the party can store the deceased.”

However, in fact C did not obtain permission from the competent authorities to create a normal cemetery at all times.

The defendant deceiving the victim as above and was paid KRW 100,000,000 as the contract deposit for the above cemetery rent from the victim on the same day, i.e., on the same day, from the victim, and around March 21, 2008, KRW 9.9 million as the remainder.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. The current status of E (F), lease agreement, cemetery photographs, and C illegal graveyard status;

1. Previous convictions in judgment: Inquiry into criminal records and investigation records, and application of Acts and subordinate statutes of a report on investigation (Attachment to judgments of the same kind as the suspect);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. The Criminal Act dealing with concurrent crimes;

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