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(영문) 인천지방법원 2015.11.26 2015고단1838

사기

Text

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

Reasons

Punishment of the crime

The defendant is the actual operator of C in Gangnam-gu Seoul Building B.

On July 201, 201, the Defendant issued a false statement to the victim F, “C,” at the e main office located in Franchising Busan, G, the head office of Franchising H, in Busan, left the company of Busan and Ulsan defense forces branch office located in Franchising G, in order to pay the construction cost if the two construction works are carried out.”

However, at the time of fact, the Defendant, without any special property, has reached approximately KRW 180,000,000, and C also arranged an office for hostile women, and the down payment received from H head office has not been expressed an intention or ability to pay the construction cost even if the Defendant subcontracted the construction work to the victim due to the lack of financial standing to repay the debt due to one-time return due to the repayment of other unpaid construction cost.

As above, the Defendant: (a) by deceiving the victim; (b) caused the victim to perform construction works at the two locations of the market price of KRW 50 million between around that time and around August 19, 201; (c) paid KRW 10 million; and (d) failed to repay the remainder of KRW 40 million; and (c) thereby acquiring pecuniary benefits equivalent to that amount.

Summary of Evidence

1. An interrogation protocol of the accused by the prosecution (including the F and I statements);

1. The police statement concerning F;

1. An investigation report (to hear statements by the head of the K team and the director of the L headquarters of a J company);

1. Application of the Acts and subordinate statutes governing the duplication of name cards;

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

1. The grounds for sentencing of selective sentence of imprisonment [the scope of recommending sentence] General Fraud (less than KRW 100 million) are not less than the basic area (six months to one year and six months) (no special person). It is so decided as per Disposition.