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(영문) 수원지방법원 2012.10.24 2012고단1856

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

In fact, the Defendant did not have any capacity or intent to procure approximately KRW 15 billion in the purchase cost of land of KRW 1917 square meters in Jung-gu, Busan, Jung-gu.

Nevertheless, at the F hotel coffee shop in Busan-gu Busan-gu, Busan-do, on 2009, the Defendant made a false statement to the victim, etc., stating that “The Defendant has a relationship with the politician or public officials, and there are many people in the Ministry of National Defense and the Military Mutual Aid Association as well as the Ministry of National Defense and the Military Mutual Aid Association, who pay expenses such as the cost of implementing the project and the cost of street funds.”

Around December 5, 2009, the Defendant, by deceiving the victim as above, received one million won from the victim through H to a single bank account under the name of the Defendant through fraud, and acquired it through deception, and thereafter acquired it through deception. From that time until August 20, 2010, the Defendant received a total of 3,6950,000 won from all 22 times as shown in the attached crime list from August 20, 201.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Examination protocol of the accused by the prosecution (including the DNA statement section);

1. Statement to the prosecution of I;

1. A certified copy of the register, a statement of transactions, a letter of commitment, and a statement of contents;

1. Application of the Acts and subordinate statutes for investigation reporting;

1. The reason for sentencing of Article 347(1) of the Criminal Act [the decision of a sentence of imprisonment] with prison labor, which covers the pertinent provision of the law and the choice of punishment for the crime, shall be [the decision of a sentence of imprisonment] Fraud [the scope of sentence to recommend] the basic area of fraud [the scope of sentence] [the extent of sentence to recommend] [the extent of suspension of execution]] from six months to one year and six (Adjustment before the applicable sentences in accordance with the law] - the main reason for entry : negative (unagreement) - The main reason for entry - If positive (if substantial damage is considerably small): negative (no effort to recover damage): The decision of a sentence] negative (no effort to recover damage) in the light of the content of the deception in this case, the use place of the defrauded, etc.,