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(영문) 서울북부지방법원 2014.10.23 2012고단3004

사기

Text

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

Reasons

Punishment of the crime

On October 16, 2010, the Defendant made a false statement to the effect that “The Defendant would lend KRW 50 million to the victim E within 10 days, and at least 20 days by adding interest to 70 million.”

However, in fact, the defendant was aware that the F would have a large profit from the construction of the so-called Mana building located in Gyeyang-gu G in Gyeyang-gu G and that the amount of KRW 50 million for the construction of the new construction is needed. The above new construction contract is not directly executed by the defendant but entered into a new construction contract with H. The above new construction contract was not entered into with H. The above new construction contract was not entered into with the victim at the time when he borrowed money from the victim (the actual construction contract was entered into on November 15, 2010, and the starting date was on December 1, 2010), even if he borrowed money from the victim, there was no intent and ability to pay the principal and interest within 20 days from the date when he borrowed money.

Nevertheless, the Defendant, as above, by deceiving the victim as above, taken the victim into account the sum of KRW 50 million cashier's checks of KRW 10 million, KRW 2,500,000, KRW 1000,000, KRW 2500,000 cashier's checks of KRW 50,000 from the victim's position.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. Application of Acts and subordinate statutes on copies of promissory notes and the issuance details of cashier's checks;

1. Although the pertinent legal provisions on criminal facts, Article 347(1) of the Criminal Act of the choice of punishment, and the reasons for sentencing of sentence are not recovered considerably, the punishment as set forth in the order shall be determined by taking into account the following: (a) the fact that there is no criminal record for the same kind of crime; (b) the Defendant, through F, obtained the full amount of the amount acquired by the Defendant to H through the F, has not used