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(영문) 서울동부지방법원 2018.04.20 2018고정336
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On January 17, 2018, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Seoul Eastern District Court on January 25, 2018, and the judgment became final and conclusive on January 25, 2018.

Although the written indictment is not indicated, it is added ex officio because there is no disadvantage to the defendant to exercise his right of defense.

On September 2012, the Defendant concluded that “C Contac would have concealed property of the Chairperson E, and would cause the seizure of fish, by finding out any person who would have received expenses,” to the victim D (the age of 61) who did not receive the refund of the deposit for the lease of the Smarket located on the first underground floor attached to C Contac even in Gangnam-si, Gangnam-si.”

However, in fact, the defendant did not have the intention or ability to seize the concealed property of the Chairperson, and he received money from the damaged party and thought to use it as his own living cost and project cost.

As above, the Defendant, by deceiving the victim, obtained KRW 2 million on September 26, 2012, KRW 500,000 on October 5, 2012, KRW 1200,000 on October 8, 2012, KRW 2700,000 on October 15, 2012, and KRW 20,000 on October 22, 2012, and acquired money under the same name on five occasions, including KRW 8.4 million on the same basis.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. A copy of the transaction details by account, a copy of the real estate lease contract, a copy of the loan certificate, and a deposit without passbook;

1. Previous convictions in holding: Search of net cases and investigation reports (Attachment to judgment of the first instance court) by statutes;

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

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

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