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(영문) 수원지방법원 안산지원 2012.09.21 2012고단865

사기

Text

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

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

On January 201, the Defendant made a false statement to the effect that “I would have the victim C created an apartment 1,00 households in the Sincheon-dong, Sucheon-si, Sucheon-si, Sucheon-si, the Sincheon-si, and would have the 1,000 apartment units created,” the Defendant would have the victim receive the right to operate the cafeteria at the construction site. At the coffee shop located in the Sincheon-si bus terminal, the head of the site shows another contractor due to this real right. However, if I would like to give money to the party who is a broad person, I would like to give this real right.”

However, in fact, the Defendant did not have any right to operate the restaurant as a box at the construction site of the Fent Apartment Building construction site in Suwon-gu, Suwon-si, the FF Cooperative as an agent for the implementation of the corporation E, and the corporation D as an agent for the implementation of the corporation. Therefore, the Defendant did not have any intention or ability to grant any other person the right to operate the restaurant.

On February 1, 2011, the Defendant, by deceiving the victim, received KRW 30 million in cash from the victim as the down payment for the right to operate the restaurant at H 1st basement restaurant in Guro-gu Seoul Metropolitan Government.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Each prosecutor's statement concerning C and I;

1. Application of each investigation report (number 5, 9 through 11) and Acts and subordinate statutes governing the filing of a complaint;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. The defendant and his defense counsel asserts that the money that the defendant received from the victims was merely borrowed as activity expenses to seek the right to operate the restaurant, and that there was no deception as stated in the facts charged of this case.

Modern, knife.