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(영문) 춘천지방법원 원주지원 2016.05.10 2015고단1112

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, as the operator of F Co., Ltd. (hereinafter “F”), who was performing the construction of pentthy on the ground, such as Gangwon-gun, D, etc., was the operator of F Co., Ltd. (hereinafter “E”), who was the contractor of F Co., Ltd. (hereinafter “F”), around November 2005, failed to receive the construction cost from “E”, and subsequently, at around 2007, “E” was in the state of default and the construction of the pentthy was suspended, the Defendant had entered into the contract for the sale of the pentthy, and had been able to recover the Defendant’s loss by continuously receiving additional investments from the Defendant.

The Defendant, around January 28, 2008, entered into a sales contract with the “E” with respect to one of the above pentents in the office of Defendant’s operation located in Gangnam-gu Seoul, Seoul (hereinafter referred to as the “E”) around January 28, 2008. The Defendant would sell the above pents to the Victim G for the loss.

“The phrase “ was false.”

However, even if the money is delivered, there was no ability to pay the money to the victim because of the lack of the ability to sell the gate.

The Defendant, as such, by deceiving the victim and deceiving the victim, obtained a total of KRW 115 million from around that time to November 17, 2008 from the victim to the victim’s list of crimes in attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Process deed and copy of loan certificate;

1. An investment agreement;

1. Application of Acts and subordinate statutes on account transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of the recommended sentence] general fraud [the case where a person who has been specially mitigated commits an intentional deception] in the area of special mitigation (from May to February 6) [the case where a person has committed an intentional deception], or the case where the degree of deception is weak, the case where a person who has not been punished or whose considerable damage was recovered [the decision of sentence] is 6 months of imprisonment, and 2 years of suspended sentence.