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(영문) 서울북부지방법원 2016.06.17 2014고단3742

사기

Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On September 2, 2011, the Defendant made a false statement to the effect that “The Defendant changed the amount of KRW 150 million to KRW 150,000,000,000,000,000,000,000,000,000,000,000,000 won, in F office located in Gangnam-gu Seoul, Seoul.”

However, in relation to the construction of the above officetel, at least one parking lot for each household in the city of Changwon on August 24, 201, it was required to supplement the design due to the ordinance related to the parking lot. The construction of the above officetel conducted by the corporation F due to the loan financial institution or the construction of the city became virtually impossible at that time because the business profitability is so far as the construction of the above officetel conducted by the corporation F was difficult due to the loan financial institution or the construction of the city.

As such, the Defendant, by deceiving the victim as such, received a total of KRW 50 million, including KRW 20 million from the victim as a security deposit for service, and KRW 25 million from March 12, 2012, which was transferred to the Defendant’s account in the name of the Defendant on August 11, 2011, as well as KRW 5 million, which was transferred on September 3, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Article 347 (1) of the Criminal Act concerning a crime and Article 347 (1) of the Criminal Act concerning the choice of punishment;

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

1. The sentencing guidelines set forth in Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order is that of the preceding sentence: The punishment that is not set (the penalty): Ten months of imprisonment and the suspended sentence of two years: A person who is sentenced to a fine of KRW 8 million: A person who is subject to a mitigated sentence, such as a confession, a person who is not subject to the punishment of the victim, a person who is not subject to the punishment of the offender, a person who has no record of punishment for the same kind or type of imprisonment without prison labor or any heavier punishment;