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(영문) 서울중앙지방법원 2015.05.07 2014고단8639

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On May 30, 2011, the Defendant stated that “In the Korean Law Firm Office located in the fourth floor of Taedong 1, 1042-19, Dongjak-gu Seoul Metropolitan Government, the Defendant would open and operate a amusement room on the first floor of the D hotel, and the Defendant already paid KRW 200 million of the deposit for the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the loan of the expenses, the Defendant would make the reimbursement within three months.”

However, in fact, it did not pay KRW 200 million to the D hotel at the time, and did not purchase the equipment of the entertainment room. The D hotel was located in school environmental sanitation and cleanup zone, and there was no intention or ability to open and operate a normal entertainment room, such as the situation in which it is impossible to obtain permission for a game providing business because it was located in the school environmental sanitation and cleanup zone, and there was no intention or ability to pay the above borrowed money normally within three months.

As above, the Defendant, by deceiving the victim as above, received KRW 21,200,00 from the victim as the borrowed money on the same day, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Part C of the protocol of interrogation of the accused by the prosecution;

1. Report on investigation ( replys to requests for cooperation in investigation);

1. Application of Acts and subordinate statutes to investigation reports;

1. The grounds for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the Selection of Punishment Act [the scope of recommending punishment] General Fraud (the period of less than 100 million won) and the basic area (6 months to one year and six months) [no special person] [the decision of sentencing] [the defendant’s age, character and behavior, family relation, family environment, motive and means of a crime, damage amount and degree of recovery thereof, the sentencing conditions indicated in the records of this case, such as the following circumstances, shall be determined as per the Disposition.