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(영문) 의정부지방법원 2016.08.23 2016고단1943
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 31, 2013, the Defendant was sentenced to the suspension of the execution of the imprisonment for six months at the District Court for fraud, and the said judgment became final and conclusive on November 8, 2013.

On December 22, 2011, the Defendant: (a) at the D attorney-at-law office located in Seongbuk-gu, Seongbuk-gu, Sungnam-si; (b) “In the operation of Internet female shopping mall; (c) borrowed funds necessary for the expansion of the business, the Defendant would pay interest of 3% per month; and (d) make an offer as security the security of KRW 100 million of the deposit return claim for an apartment with the land manager.

The phrase “ makes a false statement.”

However, in fact, the defendant paid KRW 100 million to the defendant, and prepared a false real estate lease agreement as if he leased 507 dong 1102 dong 102 of G apartment at both weeks, the defendant pretended that the above real estate lease claim actually exists, and there was no intention or ability to prepare a contract for the transfer of the above security deposit repayment claim to the victim, and there was no intention or ability to provide the victim with the claim for the return of security deposit as security.

The Defendant, as such, by deceiving the victim, received the remittance of KRW 80,000 from the victim to the national bank account under the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and F;

1. The loan certificate;

1. Certificates of contract for transfer of bonds, real estate contract, certificate, etc., and lease;

1. Notice of transfer of bonds, certificate, real estate lease contract, and apartment lease contract;

1. Previous convictions in judgment: Application of inquiries, such as criminal history, and the text of the judgment;

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. The latter part of Article 37 of the Criminal Act on the Handling of Concurrent Crimes: (a) the reason for sentencing under Article 39(1) [the scope of recommendation] of Article 39(1) of the Criminal Act; (b) there is no person who has no basic area (from June to January 6) (the special sentencing factor] [the decision of sentencing] [the decision of sentencing] unfavorable: The nature of the crime is inferior and the amount of fraud is considerably high.

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