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(영문) 서울중앙지방법원 2017.08.31 2017고단2483

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Central District Court on June 26, 2014, and the judgment became final and conclusive on July 4, 2014.

【Criminal facts” in the French coffee shop in Dongjak-gu Seoul Metropolitan Government on November 23, 2012, the Defendant: (a) around November 23, 2012, the victim C was assigned to the victim C with the degree of the inter-satise D in the world-satise D in the present world-satise, and (b) the Defendant was assigned to the Defendant E within three months

The end-up work on the F Hospital's ancillary facilities, which is set up at the Magjin-ri Council, was conducted by falsely concluding that the F Hospital's ancillary facilities are changed to KRW 20 million as a guard.

However, in fact, the defendant was elected in the Order of the Round E, and the defendant did not have the authority or ability to execute construction works with respect to F Hospital contributed by the Order of the Round.

The defendant deceivings the victim as above, and was transferred from the victim to the victim, that is, the 20 million won from the seat, as a guard.

Summary of Evidence

1. The legal statement of the witness C;

1. Partial statement of witness G;

1. A receipt and details of his/her financial transaction;

1. Details of the decision attached to the investigation report (Attachment to the said report); and

1. A previous conviction: A written reply to inquiry, such as criminal history, a written judgment attached to a criminal investigation report (Attachment to the said judgment) and the search details of the case [Defendant is not a receipt of money from a victim under the pretext of performing construction work, but a receipt of money without compensation in return for support money;

However, in full view of the above evidence, although the defendant did not have the authority or ability to implement the F hospital-related construction by being elected to the Dol-ri-Council E, it can be recognized that the defendant received 20 million won by making a false statement, such as the statement of facts constituting a crime, to the victim ( Meanwhile, the crime of fraud, such as the above statement of facts constituting a crime, which became final and conclusive against the defendant, through deception similar to this case, in the same time as this case).