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(영문) 수원지방법원 성남지원 2016.01.27 2015고단1053

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2013, the Defendant, at the office of the Victim C located in Seongbuk-gu, Seongbuk-gu, Sungnam-gu, Seoul, changed the purpose of the use designated as a parking lot for the above land by following the procedures such as enacting municipal ordinances, etc. to receive a successful bid from the SH, and changed the purpose of the use into a neighboring living facility. As such, the Defendant changed the purpose of the use into a parking lot for the above land to a neighboring living facility, 10 million won as an execution agent. If the performance is not completed, the Defendant made a false statement to return it immediately.

However, in fact, the defendant did not have the intention or ability to change the above land into a living facility near the designated use as a parking lot, and at the time there was no intention or ability to immediately return the money with the status of the application for personal rehabilitation.

As such, the Defendant, by deceiving the victim, received KRW 100 million from the victim as an agent for performance and acquired it by fraud.

Summary of Evidence

1. The witness C and E respective legal statements;

1. A performance certificate;

1. A certificate of remittance confirmation;

1. Application of Acts and subordinate statutes to each investigation report (to the Jung-gu Office Traffic Guidance and the currency of a person in charge);

1. Article 347 (1) of the Criminal Act, and the choice of punishment for the crime;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the circumstances leading to the instant crime, the fact that the injured party does not want the punishment of the accused due to partial repayment of the amount of damage, the fact that the injured party has no record of being

1. The community service order under Article 62-2 of the Criminal Act;