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(영문) 서울중앙지방법원 2015.02.09 2013고단752

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 11, 2011, the Defendant stated that “The Defendant would pay for the completed portion of the construction to the victim B at an influent construction site office located in the Namyang-si, Gyeonggi-do, that “The Defendant would undertake the construction of the construction of the building in Hongcheon-gun, Hongcheon-gun, Hongcheon-gun, which is scheduled to be implemented in the Republic of Korea.” The Defendant loaned the construction to the victim B, and the said construction would pay for the completed portion within one month.”

However, the defendant did not receive the above construction, and the defendant did not have the intention or ability to subcontract the above construction to the victim and did not have the intent or ability to pay the above loan.

The Defendant received KRW 10 million from the victim’s false statement to the national bank account (D) in the name of the Defendant.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

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

1. Each police statement of B and E;

1. A contract agreement;

1. A complaint;

1. A certified copy of the register;

1. Letter of payment;

1. Recording records;

1. Application of Acts and subordinate statutes on account transactions;

1. The punishment shall be sentenced in light of the circumstances that are disadvantageous, such as the denial of the criminal intent by defraudation (6 to 16 months) in the basic area of category 1 (6 to 100 million won) and the escape, the recovery of damage has not been made, the defendant has three criminal records in the same kind of crime, and the punishment shall be determined as ordered in consideration of all the factors indicated in the arguments of this case including the defendant's age, character and conduct, environment, and motive for the crime. The punishment shall be determined as ordered in light of all the factors indicated in the arguments of this case, including the following: the amount of fraud is 10 million won; the amount of the punishment is 10 million won; the defendant's age, character and conduct, environment and motive for the crime.