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(영문) 서울북부지방법원 2015.06.11 2015고단576

사기

Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 32,100,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On February 2, 2014, the Defendant told the victim C of the E Hospital located in Dongdaemun-gu Seoul, Dongdaemun-gu, that “The Defendant would build a new sports center in which the cost of construction is approximately KRW 35 billion, and the construction cost of the building is also KRW 10 million at the vicinity of the high village of Kimpo-si, Kimpo-si, and the Defendant would like to construct a new building at the expense of a sports center in an amount equivalent to KRW 35 billion in the cost of construction, and would change the estimated cost to the Party B who would reduce the construction right.”

However, in fact, the defendant is not the F related president, but the F related council was not planning to build a new building near a boat in the high village of Kimpo-si, Kimpo-si, and the defendant did not have an intention or ability to execute the construction with the victim.

Nevertheless, on February 20, 2014, the Defendant, as above, received KRW 7 million from the victim to the account of community credit cooperatives (G) in the name of the Defendant on February 20, 2014, by deceiving the victim by the same method seven times from August 28, 2014, and acquired KRW 32,100,000 from the victim as estimated expenses and activity expenses.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the police protocol law to C

1. Relevant Article 347 (1) of the Criminal Act concerning the crime and Article 347 (1) of the Criminal Act (to choose to imprisonment with prison labor, comprehensively, by deceiving the offender);

1. Criteria for sentencing for the reasons of sentencing under Articles 25(1) and 31(3) of the Act on Special Cases concerning the Promotion, etc. of Orders for Compensation and Sentence of Provisional Execution / [type] The basic area of sentencing [the scope of recommending punishment] under types 1 (less than KRW 100 million] [the scope of imprisonment] (one month to one year and six months): In a case where the victim is fully responsible for the occurrence of a crime or the expansion of damage (one month to six months): In a case where the victim is also specially under special circumstances (such as a case where the victim goes beyond a deceptive act to the extent that it is against the common sense that the victim would have the right to execute construction works equivalent to KRW 35 billion).