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(영문) 서울서부지방법원 2011. 2. 23. 선고 2009고단2310 판결
[사기][미간행]
Escopics

Defendant

Prosecutor

Present Quarrying

Defense Counsel

Law Firm Lee-soo et al., Counsel for the plaintiff-appellant

Text

A defendant shall be punished by imprisonment for one year.

Criminal facts

On October 23, 2009, the Defendant appealed at the Seoul Western District Court sentenced on two years to a suspended sentence of one year for fraud, etc., but the appeal was dismissed and the above judgment became final and conclusive on February 13, 2010.

Around January 16, 2003, the Defendant made a false statement that “If 300 million won are lent to acquire Nonindicted Co. 15, a listed company, the Defendant acquired the 1-2-month acquisition of the 15-month acquisition of the 300 million company, and the 300 million won of the 300 million won stocks of the 300 million won and the 300 million won of the 3-2-month loan to the 15-month office.” However, at the time of the 2001, the Defendant was bad credit and bad credit, the acquisition of the 15-month, the acquisition of the 15-month, and the △△△△△△△ Office Office (hereinafter omitted) of Seocho-gu Seoul (hereinafter omitted) that had already been owned to Nonindicted Co. 84, and did not have the authority to dispose of the shares by transferring the 84 shares, and there was no economic condition, thereby making no intention or ability to repay the 30

As such, the Defendant, by deceiving the victim, obtained a cashier's check of 300 million won at a face value from the victim to borrow money.

Summary of Evidence

1. Each legal statement of the witness Nonindicted 12 and 22

1. Each police statement made against Nonindicted 12 and 22

1. Complaint;

1. A certified copy of the register of Nonindicted Co. 14, each sales contract, each deposit sheet, each receipt, confirmation document, content-certified copy, each (No. 1, 2, and 3 omitted) and each copy of the register of Nonindicted Co. 17

1. Investigation report (verification of details of security provided by a suspect for real estate);

1. Previous convictions in judgment: Criminal records and investigation reports (reports attached to indictments and trial proceedings);

Application of Statutes

1. Article applicable to criminal facts;

Article 347(1) of the Criminal Act

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

Judges Kim Jong-hee

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