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(영문) 수원지방법원 2018.04.18 2017고단7531

사기

Text

Defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

The defendant is a person engaged in the manufacturing industry.

On October 8, 2010, the Defendant sent necessary money to the victim C, who is the wife of the village in Suwon-si, to the victim C in relation to the reconstruction project of the apartment complex implemented D, but there are two different ways by purchasing the reconstruction-related area and expanding the number of apartment houses sold in lots.

different words “........”

However, the defendant did not take charge of the business related to the above reconstruction project, and tried to use the reconstruction-related area individually by purchasing the reconstruction-related area for the victim, by expanding the numbers of the reconstruction-related areas after the purchase, or not selling or selling, and by using the money received from the injured party for the repayment of personal debt.

The Defendant received 12,00,000 won from the damaged person to the head of a post office in the name of the Defendant on the same day, and acquired 103,50,000 won in total from the damaged person in the name of the transaction related to the reconstruction area, such as the cost necessary to expand the numbers of the reconstruction area and the name of transaction related to the transaction, from August 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of the police against the accused, C, or F;

1. Statement made by the police against C;

1. A receipt, a copy of passbook, and a deposit certificate of passbook;

1. Application of Acts and subordinate statutes governing recording records;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. The reasons for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act for the aggravation of concurrent crimes [the scope of recommending punishment] The special aggravation area (one year to 9 years) of type 2 (not less than KRW 100 million, but less than KRW 500 million): In a case where the rise in the first step (a year to 50 million) in type as a result of the combination of concurrent crimes causes serious damage to the victim (a decision of sentencing] (a decision of sentencing), the following circumstances are the defendant's age, sex, environment, motive and motive of the crime, and circumstances after the crime.