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(영문) 수원지방법원 2015.12.21 2013고단7292

사기

Text

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

Reasons

Punishment of the crime

The defendant is a person who has worked for about one year from D S Sari in Suwon-si C as the head of agency in Suwon-si.

On December 2, 2012, the Defendant made a false statement to the effect that “The Defendant would have leased the operating right on a woman’s rain, save, save, and savement, etc. to the victim E, which would be to take over from F. If 100 million won is paid to F.”

However, in fact, the above-mentioned betting or acceptance money is KRW 4.8 billion, and the defendant did not have any property during the process of receiving money from the victim, and it is thought that 100 million won will be used as part of the above-mentioned betting or acceptance money. Since there is no specific procurement plan for the remaining down payment, KRW 100,000,000, and KRW 600,000,000,000, there was no intention or ability to rent out female

Around December 17, 2012, the Defendant: (a) by deceiving the victim; (b) received KRW 100,000,000,000,000,000 won in total from the account in the name of the Defendant to the account in the name of the Nong Bank in the name of the Defendant as a rental deposit; and (c) around December 28, 2012, the Defendant received KRW 112,22,200,00,000 in the name of issuing the payment guarantee certificate to the account in the name of a national bank in the name of G around December 31

Summary of Evidence

1. Statement of the defendant in the fourth protocol of trial;

1. A protocol of examination of part of the defendant by prosecution;

1. Police suspect interrogation protocol of H and F;

1. Statement to E by the police;

1. A report on investigation (Attachment to details of account transactions);

1. Application of a copy of a real estate lease contract, a copy of a real estate lease contract, a copy of a letter of guarantee, a copy of an additional agreement, a certificate of fact, a business registration certificate,

1. Relevant legal provisions on criminal facts, Article 347(1) of the Criminal Act on the choice of punishment, grounds for sentencing of sentence [the scope of recommendation] general fraud and the basic area (one to four years) (one hundred million won or more, and less than five hundred million won) of the defendant's basic area (one to four years).