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(영문) 서울북부지방법원 2013.05.30 2013고정229

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On March 4, 2011, the Defendant made a false statement to the victim D on March 4, 201, the office of Yongsan-gu Seoul, Yongsan-gu, Seoul, stating that “A stock company will implement the new construction of the Fisheries Center in Gyeonggi-do, and if it pays KRW 30 million to E, it would allow it to operate a restaurant at the site of the construction site (hereinafter referred to as “cate”).”

However, in fact, the defendant did not secure the site for the construction project because he did not prepare the project fund in relation to the construction project, so even if he received the above money from the victim, he did not have the intention or ability to allow the victim to operate the cafeteria.

The defendant received 30 million won as a deposit from the victim, that is, the victim's seat.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D and part of witness F's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to investigation reports ( telephone conversations for reference) (10 pages of investigation records);

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;