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(영문) 의정부지방법원 2015.05.19 2014고단4854

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On May 20, 201, around May 20, 2011, the Defendant was at the construction site of the apartment complex of the company in Yangyang-si, Namyang-si, the Defendant was at the construction site of the company, and the fact was at the time that the Defendant was unable to properly pay the monthly salary to the employees of the brin restaurant at the construction site of the above construction site, and even though the Defendant did not have the intent or ability to reduce the right to operate the brine in another apartment construction site constructed by the D company E, the part of the facts charged in the instant case that the Defendant was at the time of delinquency in paying the credit card

(The Defendant did not pay credit card bills since 2012). The Defendant made a false statement to the effect that “If the Defendant borrowed KRW 20 million to the victim, he/she would allow the victim to operate a boom restaurant at another construction site of the D company.”

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim on the same day.

2. Around June 28, 2011, the Defendant: (a) around June 28, 201, at the “G” restaurant located in F, the Government-si; (b) notwithstanding the absence of the intent or ability of the victim to grant the right to operate the restaurant, the Defendant acquired construction works in an agro-industrial complex located in the new Si, ia from the Si, ia; and (c) at the construction site, the Defendant first changed the amount of KRW 15 million to KRW 80 million.

“The purpose of “ was to make a false statement.”

The Defendant, as such, by deceiving the victim, received KRW 15 million from the victim on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Investigation report (or statement of witness H);

1. A restaurant operation plan;

1. Investigation report (the currency content with IE);

1. Application of the Acts and subordinate statutes of the inquiry table requesting non-compliance of transactions;

1. Relevant provisions of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act selecting a penalty;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2 and Article 50 of the Criminal Act among concurrent offenders.