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(영문) 의정부지방법원 고양지원 2015.02.13 2014고단2905
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal power] On June 28, 2013, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Incheon District Court, which became final and conclusive on August 19, 2013. On September 12, 2013, the Incheon District Court sentenced two years of suspended execution to eight months of imprisonment for a crime of fraud at the Incheon District Court, which became final and conclusive on December 28, 2013. On February 5, 2014, the Defendant was sentenced to two years of suspended execution to ten months of imprisonment for a crime of fraud at the Seoul Western District Court, which became final and conclusive on February 13, 2014.

【Criminal Facts】

The Defendant, in collusion with C’s managing director D of the company in Gangnam-gu, Seoul, entered into a contract to sell the above E-8 G 818 units to the victim F on October 7, 201, in collusion with C’s managing director D of the company in Gangnam-gu, Seoul, and concluded the contract to sell the above E-8 units G 818 units with the victim F on October 7, 201, and made a false statement as if the ownership

However, the fact is that C only registered the transfer of ownership for one-half portion of the above real estate, and even if the provisional disposition prohibiting disposal was completed on September 22, 2011, it did not have the intention or ability to transfer the ownership under the above 818 even if C received the sale price from the victim.

In collusion with D, the Defendant, by deceiving the victim as such, received money of KRW 4,5417,50,000 from the victim to the account under the name of C Co., Ltd. on October 7, 201, KRW 1,2350,000, KRW 1980,000 on November 7, 201, KRW 1,3267,50 on April 2, 201, and KRW 4,5417,500 on money from the victim to the account under the name of C for sale price.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. Details of deposit by the complainant;

1. Copy of corporate register;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment of a written conviction of a relevant case, results of trial of a relevant case, etc.);

1. Article 347 (1) or 30 of the Criminal Act applicable to the facts constituting an offense (or, collectively, the choice of imprisonment);

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

1. Article 39 of the Criminal Act exempted from punishment;

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