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(영문) 의정부지방법원 2019.01.30 2018고정1553
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 24, 2011, the Defendant was sentenced to two years of imprisonment and one million won of a fine at the Seoul Central District Court for a violation of the Mountainous Districts Management Act, etc. The judgment was finalized on December 14, 201. On October 12, 2012, the judgment was finalized on October 20, 2012, which was sentenced to two years of suspension of execution for four months of imprisonment for fraud at the Jung District Court on October 20, 2012. On May 24, 2013, the same court was sentenced to one year of suspension of execution for four months of imprisonment for fraud and became final and conclusive on June 1, 2014. On April 30, 2014, the said court was sentenced to one year and six months of imprisonment for fraud and became final and conclusive on May 13, 2014 by a court on October 20, 2014.

Around May 19, 2009, the Defendant concluded that “The Defendant leased KRW 9 million to the Victim D by leasing 50% of the co-owned area to the Defendant’s parents’ funerals of the Party with a single joint venture, six square, contract number, 2009-116, per week, at C office located in Scheon-si B.”

However, in fact, the above park cemetery had no permission from the competent authorities, and there was no way to create the cemetery.

As above, the Defendant received 9 million won as a graveyard rent from the victim and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A criminal investigation report (Attachment of related data) and a criminal investigation report (C lump-sum viewing and viewing data);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (abundance of judgment, etc.) and statutes;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) shows an attitude against the Defendant when committing the instant crime, and simultaneously with each of the crimes for which the judgment became final and conclusive.

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