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A defendant shall be punished by imprisonment for four months.
Reasons
Punishment of the crime
On January 8, 2016, the Defendant was sentenced to seven years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Northern District Court (Seoul Northern District Court) on September 2, 2016, and the judgment became final and conclusive on September
On April 2016, the Defendant: “A victim M who was under guard at L’s house in Seoul Police House (L)” with the victim M who was under guard at L, who was in his house in Seoul Police House, had been accused of fraud at the North Korean Branch in Seoul, and there is a need for KRW 5 million to view the case’s agreement with the complainant, and there is a need for KRW 2 million to pay N’s living cost.
The payment of the PP land is 7 million won borrowed by selling the land in the name of Gwangju City, which is held in trust in the name of the O by inheritance from the parents.
“The purpose was to make a false statement.”
However, the defendant did not have any right to the above land, and even if he borrowed money from the injured party due to no particular property or income, he did not have any intent or ability to repay it.
Nevertheless, the defendant deceivings the victim as above and transferred KRW 7 million to the bank account of N on the 19th of the same month from the victim.
Summary of Evidence
1. Statement by the defendant in court;
1. Statement made by the police against M;
1. Inquiries about details of transactions in complaint forms and R accounts;
1. Previous convictions: Application of the results of inquiry and investigation reports (Attachment to the judgment) Acts and subordinate statutes;
1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;
1. It is so decided as per Disposition by the assent of all participating Justices on the ground that Article 37, Paragraph 1, Article 39, of the Criminal Procedure Act is not less than 37;