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(영문) 수원지방법원 성남지원 2016.01.12 2015고단1428

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

The Defendant is a person who operates the “D” in Seongbuk-gu Seoul Special Metropolitan City, Sungnam-si C.

The Defendant would issue the tax account statement more than the actual construction cost, on the loan that the Defendant requested the Victim E to do so in a ice-cream and received the construction cost.

The money was received from the damaged party and received money to acquire it by fraud.

Accordingly, on July 14, 2014, the Defendant called the above victim at a non-permanent place and deposited KRW 100 million with the head of the Tong F to reduce the passbook, seal, and password within the internal address, and sought it;

Therefore, the actual cost of construction will be paid in KRW 20 million or KRW 100 million.

The phrase “ makes a false statement.”

However, the defendant deposits money under the name of issuing a false tax invoice.

There was no intention or ability to return the money again.

Defendant deceiving the victim as above at the time of the above day, and he received 34 million won from the victim to the account (G) of the F name bank account from the victim and acquired it by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

2. Part concerning the statement of the defendant E or H in the suspect examination protocol against the defendant;

3. Application of Acts and subordinate statutes on a copy of passbook;

1. Reasons for sentencing under Article 347 (1) (Selection of Imprisonment) of the relevant Article of the Criminal Act regarding criminal facts [the scope of recommendation] The basic area (from June to one year and six months) of Article 1 of the Act on Punishment of Specific Crimes / [Determination of sentence] Other circumstances, such as the defendant's age, sex, environment, the background and result of the instant crime, circumstances after the commission of the crime, etc., taking into account the following factors into account in favor of the defendant's repayment of 6 million won out of the damaged amount, and the defendant's age, sex, and behavior, and environment, as well as other circumstances, which are conditions for sentencing as shown in the oral argument and records.