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(영문) 서울서부지방법원 2021.01.14 2020고단701 (3)

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal record] On December 14, 2017, the Defendant was sentenced to a suspended sentence of seven months of imprisonment for fraud at the Seoul Western District Court on July 2017, and the said judgment became final and conclusive on December 22, 2017.

The facts charged are stated in the facts charged as concurrent crimes under the latter part of Article 37 of the Criminal Act with the final judgment of 6 months of imprisonment, which became final and conclusive on April 13, 2019, but the date and time of the above final judgment is determined as around August 2016 to around March 22, 2017, as long as the date and time of the crime in the above final judgment is prior to the final and conclusive judgment on December 22, 2017, the crime in this case cannot be judged simultaneously with the final and conclusive judgment stated in the facts charged. Accordingly, it does not constitute concurrent crimes under the latter part of Article 37 of the Criminal Act.

[Criminal facts] On July 10, 2015, the Defendant: “The Defendant is running an artificial test business with the victim B for at least 20 years from the U.S. 8 to the U.S. 8 military army commander and the head of the welfare group, etc.

용산 미군기지 내에 있는 C 등 용산 미군기지 내 시설 및 평 택 미군기지 내 시설 등에 대한 위탁 운영권을 취득하여 함께 운영하자. 용산 미군기지 내 C 운영을 총괄하는 D( 닉네임 E)에게 로비를 해야 하니 E이 운영하는 F 내 스낵바 인테리어 공사비를 대신 내 달라. ”라고 거짓말을 하였다.

However, in fact, D et al. did not have the authority to enter into or decide on the consignment operation contract for facilities, such as clubs in the Yongsan-gun Military Base, etc., and the Defendant thought that the amount that the Defendant received from the injured party would be used for personal purposes, such as business operation expenses, repayment of personal debts, living expenses, etc., and even if the injured party received the funds from the injured party, it did not have the intent or ability to allow the injured party to entrust the operation of the facilities, such as clubs, in the Yongsan-gun Military Base.

On July 17, 2015, the Defendant, from the damaged party, transferred KRW 10,00,000 to the H bank account of G H bank account on July 17, 2015.

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