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(영문) 창원지방법원 거창지원 2013.12.04 2013고단252
사기
Text

Defendant shall be punished by a fine of KRW 1,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 22, 2012, the Defendant, who is engaged in landscaping business under B, was sentenced to a suspended sentence of imprisonment for six months at the Changwon District Court on June 30, 2012, and the said judgment was finalized on June 30, 2012.

On June 6, 2010, the Defendant: (a) at the Defendant’s house located in Chungcheongnam-gun, Chungcheongnam-gun; (b) instead of the Defendant’s ownership, the Defendant: (c) instead of the return 1 glus and 1 glus in Gyeong-gun; and (d) instead of the Defendant’s ownership, entered into an exchange contract with the victim F; and (c) instead of the victim’s intent or ability to extract the said return 2 glus to the victim, the Defendant would return 2 glus, e.g., 500 glus to the victim; (d) the Defendant would return glus to the victim; and (e) the return would have entered into a contract with the victim as if he were in his own possession; and (e) it would have taken place KRW 12.5 million at the market price of the 3 glus trees planted in Chungcheongnam-gun-gun, Chungcheongnam-gun; and (e) thereby, acquired the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to F of each protocol of police statement;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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