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(영문) 청주지방법원 2017.09.14 2016고단2237

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six 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 March 2010, the Defendant, at an authorized intermediary office operated by Cheongju-si, a considerable amount of Cheongju-si, concluded that “The Defendant may complete the Jeju-si factory if the Defendant lent KRW 100 million as the amount of funds is in the last stage, and then, he can complete the factory if he lends the amount of KRW 100 million. The product can be supplied at the time of the manufacture of the product, may be supplied at the time, and the Defendant may have the right to perform road maintenance and construction works at the time of Ulsan-si, and the borrowed money shall be repaid without any mold six months after the expiration of the period.”

However, in fact, the news ju-production factory in the city where the Defendant had 50% shares was being promoted by the Defendant, was not the completion stage of the construction, but only the steel structure was installed, and it was not possible to manufacture the product by completing the factory within a time limit, and there was no agreement to obtain the right to obtain the construction of road facilities from the victims on the ground that there was no agreement to obtain the right to obtain the right to obtain the construction of road facilities from the victims.

As above, the Defendant was transferred KRW 95 million in total from the victim D to the victim E’s passbook on April 2, 2010, and KRW 45 million in the same passbook on the 12th of the same month.

Accordingly, the defendant received money and valuables by deceiving the victims.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against the accused (two times, replacement of the accused);

1. Each police statement made to F and C;

1. Details of transactions not requested;

1. Application of Acts and subordinate statutes on site photographs of a process deed, letter, or Russian;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100 million) and the mitigation area (one month-one year-one year-one year) (the person subject to special sentencing] is not subject to the punishment;

2. The factors of sentencing that are disadvantageous to the determination of sentence: the amount of damage is not so significant. o.