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(영문) 서울중앙지방법원 2018.05.10 2017고단8313
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

[Criminal Records] On December 5, 2014, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court on June, 201, and the said judgment became final and conclusive on the 13th of the same month.

[2] The Defendant introduced the victim C through around July 2013, and provided the victim with the introduction of "the business of constructing officetels in Chungcheongnam-gu, Chungcheongnam-gu, and if it is necessary for a motor vehicle to purchase it, the Defendant would be able to pay all installments and taxes to the victim, and transfer the name to a third party after five months from the completion of the officetel so that it would not cause damage to the third party. In addition, the Defendant would be able to collect money by combining his/her son and son (D) on the date of the completion of the officetel.

“Falsely speaking to the effect that it is “,” the injury is the same year.

9.7. The second floor F of the E Trading Complex in Suwon-si, Suwon-si, the amount of G car (H) purchased in the name of the injured party was issued to 29 million won.

However, at the time of fact, the defendant had no intention or ability to allow the victim's wife to participate in the sales business by paying installments properly or promoting the new construction business of the above officetel, even if the defendant had been operating the above officetel with a loan of 60 million won and had not been in arrears with the amount of 97 million won, and even if he has received the vehicle from the victim due to the delayed payment of the employee's benefits, he had no intention or ability to allow the victim's wife to participate in the sales business.

As such, the Defendant, by deceiving the victim, received property equivalent to KRW 29 million from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect of each police officer against the defendant and B (including the part concerning theC statement);

1. Statement made by the police against C;

1. Investigation report (Attachment of a credit information report to the suspect);

1. A certificate of automobile transfer or a ledger of automobile registration;

1. Previous convictions: Inquiry of criminal history, investigation report (verification of cases involving latter concurrent crimes), and application of statutes of the judgment text;

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

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