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(영문) 서울중앙지방법원 2017.06.02 2016고단6777
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] On April 18, 2014, the Defendant was sentenced to imprisonment for two years and six months with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on April 18, 201, and the above judgment was finalized on April 26, 2014. On September 29, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for a crime of fraud at the same court and the above judgment became final and conclusive on December 31, 2016.

[Criminal facts] The Defendant refers to the victim E from the Seocho-gu Seoul Metropolitan Government Seocho-gu Seoul Metropolitan Government 14 'D' restaurant on June 2013, 2013, 106 commercial buildings and C commercial buildings 106 because he/she did not remain until the retirement age of public officials.

If 4 persons of B make an investment in common shares and sell in lots, profit from the market price can be raised, and lease profit can also be raised by leasing to B.

The investment risk is to be invested jointly with F, which is an infant in C, and is also a joint investment risk.

C It is intended to divide one-eight of the total share of the commercial building without framework.

The phrase “ makes a false statement.”

However, even if the defendant received the investment from the injured party, he did not intend to transfer the above commercial building's share to the injured party.

The Defendant received, from the injured party on July 1, 2013, KRW 30 million,00,000 as the down payment in the name of the International Trust, 3010791591 account, KRW 30 million as the first intermediate payment on July 19, 2013, KRW 10 million as the second intermediate payment in the name of the company bank G account in the name of the company bank G account on August 19, 2013, KRW 10 million as the second intermediate payment, and KRW 10 million as the third intermediate payment in the name of the company bank G account in the name of the company bank on August 29, 2013, and KRW 10 million as the third intermediate payment on September 10, 2013, respectively.

Accordingly, the defendant was given a total of KRW 170 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and I;

1. Entry of the accused in part of the protocol of interrogation of the suspect to the prosecution, and entry of E in the first time against the accused;

1. Statement made by the police for E;

1. A contract for sale in lots and a certified copy of registry;

1. A previous conviction in judgment: an inquiry about criminal history;

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