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(영문) 서울중앙지방법원 2013.08.19 2013고정1968
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Prior convictions constituting concurrent crimes under the latter part of Article 37 of the Criminal Act] On July 14, 2009, the Defendant was sentenced to imprisonment with prison labor for one year and six months at the Seoul Central District Court on November 12, 2009, which became final and conclusive on November 12, 2009. On July 20, 2010, the judgment became final and conclusive on October 23, 2010 after being sentenced to two years of imprisonment with prison labor for a crime of fraud in the original branch of the Chuncheon District Court on July 20, 2010. On January 24, 2013, the Seoul Central District Court sentenced one year of imprisonment with prison labor for a crime of fraud at the Seoul Central District Court on February 1, 2013.

【Criminal Facts】

At the end of November, 2006, the Defendant stated that “D constructs E Apartment-si Building around July 2007, the FF Co., Ltd., which works in the city, can be granted the executive officer's right to operate the apartment, and if a brin restaurant is a brin, 2 apartment shall be gathered.”

However, the fact was that the defendant did not obtain permission related to the above apartment construction from the prime viewing, so it was not clear that he could actually proceed with the implementation project, and the defendant did not have the authority to designate the above apartment construction-related boom.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10,000,000 from the victim, as the down payment to the restaurant located in the original city B around December 16, 2006.

Summary of Evidence

【Criminal Facts】

1. Defendant's legal statement;

1. Some protocol of suspect examination;

1. Statement (C);

1. Investigation report (prior records constituting concurrent crimes under the latter part of Article 37 of the Criminal Act) (Investigation of the representative director G, etc. of the F of a stock company);

1. A reference report on criminal records, etc.;

1. Report on the result of confirmation of the previous disposition, the previous report on the results of confirmation, and the current status of acceptance by each individual;

1. Each investigation report (report on attachment of the same kind of suspect's rulings and attachment of the decisions concerning the suspect's cafeteria cafeteria);

1. Application of the statute on case search

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 the former part of Article 39(1) of the Criminal Act to treat concurrent crimes;

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