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(영문) 인천지방법원 부천지원 2015.09.22 2014고단2330

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2011, the Defendant stated that, at the E Office of the Victim D’s 2nd floor in Eunpyeong-gu Seoul Metropolitan Government, the Defendant would subcontract the removal of the said site if the Defendant lent the money to the Defendant that he would have been in charge of the construction of a new FJ apartment in Ulsan-gu, Ulsan-gu.

However, in fact, the Defendant did not have been able to receive the said “Ulsan F Multi-Family Housing Construction Project” and did not have the ability to receive the said new construction project due to the lack of funds.

Around February 23, 2012, the Defendant received 100,000,000 won from the Defendant’s national bank account as a loan from the Defendant’s national bank account, as well as from that time to September 28, 2012, through a total of 18 times from that time, the Defendant received a total of 23,850,000 won as indicated in the list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol of suspect examination of G police officers;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a contract for removal works, written estimate, loan certificate, each copy of passbook, detailed statement of loans, details of transactions, subcontract for removal works, and cooperation in the progress of removal works;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment (generally, choice of imprisonment);

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant reflects his mistake and the amount of damage is relatively small and the defendant agrees with the victim);