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(영문) 수원지방법원 성남지원 2018.05.30 2017고단2407
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

[Criminal record] On December 4, 2014, the Defendant was sentenced to a suspended sentence of one year for criminal fraud at the Seoul Central District Court on June, 201, and the judgment became final and conclusive on December 12, 2014.

[2] On September 20, 2014, the Defendant Company: (a) was a person who actually runs the “C” corporation, a construction company; and (b) around September 20, 2014, at the Defendant’s office located in Dong-si, Gangwon-do; (c) the Defendant Company “F Co., Ltd., Ltd., within the Republic of Korea, had the Victim E carry out the new construction work of 10 apartment houses in

Since it is possible to conclude an agency contract for the sale of apartment units for 652 units to be newly constructed, the apartment units for the 652 household have changed the amount of 30 million won to be stored.

However, the defendant did not run the FF, and there was no fact that the construction of new apartment units in G G G in the East Sea was implemented, and there was no investment in order to obtain the right to sell the newly constructed apartment units. Therefore, there was no intention or ability to make the victim enter into the sales agency contract.

Accordingly, the Defendant, by deceiving the victim as above, was transferred KRW 30 million to the Nonghyup Bank Account (H) in the name of “C” corporation around September 24, 2014 from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A written request for the return of gold in custody, receipt, and details of deposit and withdrawal (C Account of a stock company);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (verification of criminal history of the same kind of

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Prosecutor’s opinion - One year of imprisonment;

2. Determination of sentence - Determination of sentence - Six months of imprisonment, two years of suspended sentence, or two years of deception of this case, or the fact that the victim’s economic suffering has increased due to failure to pay damages for a long time, etc.

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