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(영문) 서울중앙지방법원 2014.05.30 2014고단1574

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has operated the Seocho-gu Seoul Metropolitan Government Dispute Resolution E from around 2000 to November 2007.

In fact, the above architect's office operated by the defendant is delinquent in taxes since 2005, and the situation where the office is not operated normally due to serious financial difficulties for employees' monthly salary, and even if the defendant F received money from the victim F as an agent for applying for building authorization and permission, the above money should be used preferentially for the payment of wages in arrears of employees, office rents, bank loans, interest on bonds, etc., and there was no funds or human resources to carry out the business related to the application for authorization and permission, so there was no intention or ability to obtain authorization and permission from the victim.

Nevertheless, on December 22, 2006, the Defendant made a false statement to the victim at the above office stating that “The Defendant shall obtain the authorization and permission (3 billion won) and the land (5.5 billion won) from the Jung-gu Seoul Special Metropolitan City H real estate owned by the G, and sell it to the victim by March 30, 2007, together with the authorization and permission (3 billion won) and the land (5.5 billion won).”

As above, the Defendant, by deceiving the victim, received cash of KRW 50 million on the same day as the expenses for filing an application for authorization or permission by proxy from the victim, and on May 25, 2007, by receiving KRW 60 million in total through the Defendant’s bank account in the name of the Defendant I through the Defendant’s I bank account.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement concerning F;

1. A complaint;

1. A written agreement, a deposit slip, and a certificate of deposits without passbook;

1. Application of Acts and subordinate statutes to an investigation report (a statement attached to a statement of transactions), an investigation report (to hear statements by a complainant), and an investigation report;

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. The fact that the defendant under Article 62 (1) of the Criminal Act is divided by mistake; and