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(영문) 서울북부지방법원 2015.12.22 2015고단3243
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From May 209 to June 27, 2012, the Defendant: (a) operated an auction shop on a lease of a warehouse in Dongdaemun-gu Seoul Metropolitan Government (State) D; (b) on June 2012, the Defendant: (c) was forced to leave the said warehouse due to a default of rent; and (d) did not have any authority to leave the warehouse as well as to the surrounding parking lot; (c) the Defendant, despite of the absence of any authority over the logistics warehouse, by deceiving the victim F, who was the victim of the said street store, by deceiving him from the victim F, who was the victim of the said street store from July 29, 2012 to July 27, 2012, the Defendant received from the victim F, the sum of KRW 7 million for the person who installed and operated the street store in the parking lot on the last day of every week from the victim’s street store under the name of the victim and the victim’s total number of KRW 158,500,000,00 from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. The prosecutor's statement concerning G;

1. Each police statement made with respect to F, H, G, I, K, K, L, M, M, N, P, Q, R, T, U, V, W, X,Y, Z, AB, AC, AD,J, AE, AE, AF, AG, and AH;

1. Each photograph;

1. Summary of removal;

Cheong, Seoul Northern District Court Reconciliation Recommendation Decision, Books

1. Application of Acts and subordinate statutes to report on investigation (D relative investigation and victim relative investigation);

1. Relevant Article 347 (1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act;

1. Social service order under Article 62-2 of the Criminal Act;

1. Reasons for the sentencing of Article 48(1)1 of the Criminal Act for forfeiture [the scope of recommendation] general fraud (less than KRW 100 million) and basic area (six to one year and six months) (special mitigation (special mitigation)] / In a case where punishment is not granted or considerable damage is recovered.

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