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(영문) 인천지방법원 부천지원 2014.11.18 2014고단1423

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

Defendant

And the victims G, the same H, I, and the same J are the representatives of each subcontractor in the construction site of the “L hotel” in K in the net city of Y, and M is the actual representative of the “N” as the contractor of the above hotel.

From around December 2010, the Defendant, from around September 16, 201, promised to obtain a loan of KRW 4 billion from four members, including the victim G, at the office of the O and 301 defendant, in the situation that the Defendant was unable to pay the construction cost properly to each subcontractor due to the default of payment of the said M., at the office of the O and 301 defendant around September 16, 201, the Defendant agreed to obtain a loan of KRW 50 billion as the husband and wife of the Korea Development Bank head office and the end of the 4 billion Korean Development Bank.

However, even if you receive KRW 50 million as loan expenses, there was no ability or intention to obtain a loan.

Around September 19, 2011, the Defendant received from the victims the amount of KRW 50 million as loan expenses through the above M at the “P” coffee shop in Seocheon-gu, Seocheon-si P.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning G and M;

1. Application of Acts and subordinate statutes of the recording record of September 19, 201, the recording record of Sep. 16, 201, and the recording record of Sep. 19, 201, to the complaint filing statement, the borrowing certificate, the investigation report (including conversation with the complainant G-Defendant).

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 ( considered as favorable circumstances, etc. among the reasons for sentencing following the suspended sentence);

1. Reasons for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of recommendation [Determination of types] Sentencing for fraudulent crimes, general fraud, and less than KRW 100 million (type 1): Reduction elements: Imprisonment with prison labor for not more than one year (the scope of recommendation).

2. Determination of sentence: Imprisonment with prison labor for eight months, suspension of execution for two years, and community service order for forty hours; the victims reflect their mistakes.