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(영문) 수원지방법원 안산지원 2012.11.16 2012고단1255

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around June 25, 2007, the Defendant: (a) at the multilateral bank located in Jongno-gu Seoul Metropolitan City around June 25, 2007; and (b) at the time of the return of the application for change of national land use plan from the Female-gun on July 2002, the Foundation, the Defendant did not have been promoting the project entirely after the application for change of national land use plan was rejected; and (c) despite the intent to use all the money received from the victims for personal purposes, such as living expenses, the Defendant did not have any connection with the aforementioned park cemetery business; and (d) despite the intent to use the money received from the victims, the Defendant was performing the civil construction work while the “voluntary movable” as the Foundation D created 10,000 square meters in the Park Young-gun, the Civil Works Corporation is ordered to pay the principal three months after the payment of interest. In other words, the Defendant received KRW 15 million,000,0000,000 from the victim’s bank in cash on September 21, 2007.

Accordingly, the Defendant, by deceiving the victim, received 27,50,000 won in total from the victim for three times, under the name of the public works cost of the park cemetery project.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness D and G;

1. Application of investigation reports (Submission of related data about park cemetery projects) Acts and subordinate statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Article 62 (1) of the Criminal Act (in addition to a case where a fine is imposed once for a violation of the Military Service Act prior to the lapse of 30 years, taking into account that there is no other criminal record);