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(영문) 서울서부지방법원 2012.11.15 2012고단1280

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 the technical adviser of D Co., Ltd. in Masung City Co., Ltd.

On August 17, 2010, the Defendant concluded that “A patent to create radioactive materials for the first time in the world” to the victim G at the F hotel shop of Gangnam-gu Seoul, Gangnam-gu, stating that “Around August 17, 2010, the Defendant was promised to use the radioactive materials produced by the Plaintiff as the president of Gangwonland H and a very kind of friendly and high school motive, and then to use the radioactive materials created by the Plaintiff in the Gangseoland scheduled to proceed in the Gangwonland.” (b) If the Defendant borrowed 30 million won to B, the Defendant would be able to undertake the construction of the radioactive project in I.”

However, in fact, as a stage of reviewing the feasibility of the project in the Hannland, the project was in a situation where the progress of the project is entirely impossible at that time, and there was no intention or ability to allow the project to be carried out even if the money is received from the victim.

Nevertheless, the Defendant received KRW 30 million from the victim for the purpose of receiving the project from the victim, i.e., the amount of KRW 30,000,000 from the victim.

Accordingly, the defendant, by deceiving the victim, acquired the property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of witness G, J and K;

1. Application of Acts and subordinate statutes on a cash receipt, a written notification, and a written answer;

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

1. Article 62 (1) of the Criminal Act (i.e., repayment of ten million won or more, making efforts to recover damage, and considering that the amount of damage not recovered is not the degree of punishment to be punished by imprisonment);

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