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(영문) 서울남부지방법원 2016.04.01 2016고정536

사기

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

On September 18, 2015, the Defendant was sentenced to imprisonment with prison labor for six months in Seoul Southern District Court, and the judgment was finalized on September 26, 2015.

On June 15, 2012, the Defendant told the victim D of the c “C” coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government that “When he transfers KRW 5,00,000 to the Cooperative, he would take removal and civil works upon delegation of the removal and civil works of the reconstruction work in Yongsan-gu Seoul Metropolitan Government.”

However, there is no intention or ability to carry out the construction project because the above construction project has been delegated by the reconstruction association.

Around July 16, 2012, the Defendant, by deceiving the victim, received KRW 3,00,000 from the victim, to a new bank account under the name of the Defendant, and subsequently acquired KRW 22,00,000 from that time through September 11, 2014, including the receipt of KRW 3,00,000, in total, from September 11, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement protocol and petition filed by the police with D;

1. Details of deposit transactions and contract for construction subcontract;

1. Previous records: Application of Acts and subordinate statutes to the accused's legal statements and investigation reports (report on the binding of judgment, etc.);

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;