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(영문) 서울중앙지방법원 2016.11.11 2016고단6486

사기

Text

A defendant shall be punished by imprisonment for seven 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 September 20, 2014, the Defendant made a false statement that “The victim E will pay money immediately after returning to the Republic of Korea on September 26, 2014, while doing the removal work as if he/she had commenced the FF housing maintenance project and subcontracted the removal work.” On December 20, 2014, the Defendant first borrowed KRW 10 million as expenses to arrange the casino business in Vietnam. In addition, the Defendant would make a subcontract for the removal work.” In addition, on September 26, 2014, the Defendant made a false statement that “I will pay money immediately after returning to Korea.”

However, in fact, the Defendant did not have the intention or ability to start the F Housing Maintenance Business or subcontract the removal of the F Housing Maintenance Business at the Gyeong-si, Chungcheongnam-si, and there was no intention or ability to repay KRW 10 million until September 26, 2014, as agreed without any particular property or income.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the post office account (G) in the name of the Defendant on the same day, and acquired 14 million won through three times, such as the list of crimes in the attached Table.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Part of the prosecutor's statement of H in the prosecutor's office record;

1. Statement to E by the police;

1. Statement E in the police interrogation protocol of the accused;

1. Application of statutes governing post office accounts;

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 reason for sentencing under Article 62-2 of the Criminal Code of the Probation and Social Service Order [Determination of Punishment] The reason for sentencing under Article 62-2 of the Criminal Code [Determination of the recommended area] the basic area of types 1 (less than KRW 100 million] [Determination of the recommended area] [the scope of recommendation] six months to one year and six months [general person] [whether a person is subject to suspended sentence of the same kind which is not subject to repeated crimes] - Major reasons for reference