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(영문) 서울중앙지방법원 2013.11.29 2011고정7495
사기
Text

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

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

Reasons

Punishment of the crime

On March 30, 2012, the defendant was sentenced to a suspended sentence of four years and six months in Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud).

6. 28. The judgment became final and conclusive.

On September 2007, the Defendant stated to the victim C by telephone, “I will have the representative director of the D Co., Ltd. . D Co., Ltd. 1207, which is constructed by D Co., Ltd., sell the thickness of the president. If I would pay 20 million won as the first down payment out of the sale price of KRW 72 million, I would have sold in lots immediately.”

However, at the time, the above apartment was suspended due to the creditor's exercise of lien due to financial difficulties, so there was no intention or ability to sell the apartment even if he receives the down payment from the victim.

Around September 19, 2007, the Defendant, by deceiving the victim as above, received from the victim the remittance of KRW 20 million to the bank account in the name of F to the bank account in the name of F and acquired it.

Summary of Evidence

1. Each legal statement of witness C and F;

1. Copy of contract for sale in lots;

1. Previous convictions in Seoul High Court: Application of the statutes governing the original ruling No. 2011No2692;

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 Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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