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(영문) 의정부지방법원 2018.12.20 2018고정795
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 8, 2015, the Defendant was sentenced to a suspended sentence of two years [the crimes of this case No. 1517, 4354 (Consolidation)] and two years (the crimes of this case No. 2 as stated in the judgment of the above case] in his/her imprisonment with prison labor for six months (the District Court Decision No. 2014, 1517, 4354 (Consolidation)], and the judgment on April 16, 2015 became final and conclusive on April 25, 2018. The Defendant was sentenced to imprisonment with prison labor for six months (the District Court No. 2016, 2439, 2016, 2017, 5288 (Joint), 5288 (Joint)], and imprisonment with prison labor for three years (the above crimes of No. 1516, Nov. 6, 2018; 10, 2018).

around August 1, 2013, the Defendant does not have a down payment to the victim B with the intent to sell the land near Han River.

If the down payment is lent KRW 20 million, the total amount of KRW 25 million, including interest KRW 5 million after 15 days, will be repaid.

“The phrase “ was false.”

However, the defendant did not have any intention or ability to repay the above money even if he borrowed the money from the injured party due to considerable personal debt at the time.

On August 2, 2013, the Defendant, by deceiving the Defendant as such, received total of KRW 20 million from the victim of the damage, to D’C’s H account in the name of the Defendant’s wife C, on a total of two occasions.

Summary of Evidence

1. Statement by the defendant in court;

1. A written complaint, a fair copy, a statement of transfer, a letter of guarantee, a letter of performance, a letter of performance, a statement prepared by the police in relation to B, a statement of investigation by the police in relation to B (a case number of the police station per annum 2013-1017, 2013-1194 attached to investigation data, and a case accompanied by an annual transmission number of the police station 2016-370 attached to investigation documents);

1. Application of an inquiry letter, such as criminal history, and a report on investigation (Attachment to the judgement, etc.);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 37 of the Criminal Act for the treatment of concurrent crimes: Provided, That Article 39 (1) shall apply;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Criminal Procedure Act of the Provisional Payment Order.

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