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(영문) 서울중앙지방법원 2018.01.11 2017고단7818
사기
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Defendant

A is the representative director of corporation B.

around June 2016, the Defendant paid KRW 20 million to the victim D’s right to remove the Seoul E structure in the Seoul Jung-gu Seoul Central District Corporation B’s office room in Jung-gu Seoul Central District Court around June 2016.

However, even if the defendant is paid down payment, he did not have the intention or ability to allow the removal construction right.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the damaged party to the BF corporation account on June 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. A complaint filed in D;

1. A certificate of details of transfer of funds from damage and the application of statutes in writing;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

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

1. All other circumstances, including the Defendant’s age, sexual conduct, career, home environment, motive and means of the crime, circumstance after the crime, etc., in light of the fact that the amount of damage on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act was not fully repaid, and that the victim was unable to receive a letter from the injured party.

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