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(영문) 의정부지방법원 2014.04.04 2013고단4406

사기

Text

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

Reasons

Punishment of the crime

On September 2, 2011, the Defendant was sentenced to a suspended sentence of two years in September 30, 201 at the Seoul Central District Court for the crime of forging private documents, etc., and the judgment became final and conclusive on September 30, 2011.

The Defendant, “C” in the name of “C,” entered into a contract with D to purchase the scrap metal in the redevelopment district at KRW 9,50,000,00,00,000. On January 20, 201, the Defendant agreed to purchase the scrap metal in the redevelopment district at KRW 9,50,000, and then, even if the scrap metal was paid from the victim E (the age 42) even if he did not have the intent or ability to supply the scrap metal from the said district, he was able to pay the scrap metal from the said district. However, the Defendant was urged to pay the amount borrowed as the cleaning cost for the removal of the lubric tank at the Ulsan EP plant, and was able to receive the money from the victim with the payment of the scrap metal.

On September 30, 2010, the Defendant made a false statement to the victim’s office located in Macheon-si F, stating that “The Defendant would give 1.3 million tons of scrap metal in an amount equivalent to 400 million won from the redevelopment district if he/she remitted 1.3 million won as he/she contracted for the scrap metal of the redevelopment district in Eunpyeong-gu Seoul.”

The Defendant, by deceiving the victim as above, received KRW 130 million from the victim’s account to the Defendant’s account.

Summary of Evidence

1. Statement of a defendant in the first protocol of trial;

1. Part concerning the defendant's interrogation protocol E among the prosecutor's interrogation protocol

1. Statement to E by the police;

1. A deposit certificate;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (related cases and filing reports of judgment);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The reason for sentencing in the latter part of Article 37 and Article 39(1) of the Criminal Code for the treatment of concurrent crimes [the decision of type] is the general fraud, and the amount of less than KRW 100 million (special-purposes] below KRW 500,000,000, or the case where the act of deception is committed intentionally, or the degree of the act of deception is weak.