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(영문) 서울서부지방법원 2013.06.25 2013고단920

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 2, 2008, the Defendant made a false statement to the victim D at a law firm C office located in Gangdong-gu Seoul Metropolitan Government on September 2, 2008, stating that “The State has laid down land where defoliant members can grow a farmer, but the general public may also get a baby, thereby dividing KRW 70,000,000 as a down payment into KRW 65 on March of each year.”

However, in fact, there was no plan for the members of defoliant to make the land or the fire to the members of defoliant.

Nevertheless, the Defendant, by deceiving the victim as above, received 70,000,000 won as down payment from the post office account (E) under the name of the Defendant on the same day.

Summary of Evidence

1. Legal statement of the witness D;

1. Some of the police interrogation protocol of the defendant;

1. Statement of D police statement;

1. Application of Acts and subordinate statutes on a survey report and a share right contract;

1. The relevant statutory provisions on criminal facts and the reason for sentencing under Article 347(1) of the Criminal Act [the decision of imprisonment] Fraud (the scope of recommending punishment] [the basic area] from June to June (the decision of sentencing] of the defendant's crime as above. The sentencing guidelines for the defendant's crime are not contradictory to the situation where the defendant denied criminal facts, but is unable to understand the circumstances where the defendant received seven million won from the victim, and the punishment is determined as ordered in consideration of all the circumstances that conditions for sentencing such as the defendant's age, character and behavior, environment, and conditions after the crime.