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(영문) 서울북부지방법원 2015.12.01 2014고단38

사기

Text

A defendant shall be punished by imprisonment for one year.

However, 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

[Attachment] On June 8, 2011, the Defendant was sentenced to one year of imprisonment for fraud and two years of probation at the Seoul Central District Court, and the judgment was finalized on August 19, 201. On May 24, 2012, the Seoul Northern District Court sentenced the Defendant to eight months of imprisonment for fraud and two years of suspended execution, and the judgment became final and conclusive on June 1, 2012.

【Criminal Facts】

On May 2009, the Defendant stated, at the coffee shop located in Seocho-gu Seoul Metropolitan Government, that “F removal work may be ordered to the victim D because the expenses for non-Subrogation office expenses, the expenses for the recruitment of union members will be ordered after the non-Subrogation association came into a fixed association. When the removal work is carried out, the money will be returned again.”

However, the defendant did not have the right to select the Franchising Corporation, so even if he received money from the victim, he did not have the intention or ability to receive the above removal work from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 50 million in total from the victim, around May 8, 2009 via the Agricultural Cooperative (H) account in the G name, KRW 3 million around May 11, 2009, and KRW 22 million around May 12, 2009.

Summary of Evidence

1. The defendant's partial statements in the fifth trial records;

1. The statements made by witnesses D and I in the fifth trial records;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement by the prosecution concerning D;

1. The defendant and his defense counsel knew that the victim did not have the authority to perform the removal work at the time of the redevelopment promotion committee, and the defendant did not participate in receiving G KRW 75 million.

According to the above evidence, D refers to the defendant and G as criminal facts from the prosecution to this court, and the written agreement was prepared and sealed.