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(영문) 수원지방법원 안양지원 2015.09.10 2014고단1987

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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 October 25, 2013, the Defendant stated that, in the E office of the Dispute Resolution Co., Ltd. of the Victim D Operation in Ansan-si, the Defendant: “In Korea, the head of the F Co., Ltd., the head of the G market office in the past, and the secretary of the Ministry of Commerce, Industry and Energy, and the assistant of the National Assembly member was appointed. The Defendant is a relative-gu in which the members H of the National Assembly members H and the buyer of the Gyeonggi-do did not have the assistant of the National Assembly member. The Defendant is 20% of the shares and the expenses of the party company are carried out in Ansan-si, Ansan-si, where the cost and 20% of the shares of the party company and the expenses are carried out in Ansan-si, the Defendant would have the Steering

In fact, the defendant is not the head of the LAF, but did not have the intention or ability to have the FF perform the business in the LAF.

The Defendant received or fraudulently acquired KRW 3 million from the victim to the account under the name of the Defendant for expenses around November 12, 2013 from the victim, and from around that time to February 14, 2014, a total of KRW 9.2 million from the victim under the same name as indicated in the crime list, as shown in the attached list, from around 14 times to February 14, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. Part of the protocol of interrogation of the defendant by the prosecution as to the defendant

1. A protocol of examination of part of the prosecution concerning I;

1. Statement to J police officers;

1. Details of passbook transactions, name cards received from a suspect, and contract for the promotion of projects;

1. Application of Acts and subordinate statutes to each investigation report (a statement of reference witness, file of materials submitted by the complainant and summary of issues-propy, statement of intent to sell, agreement of promotion of joint projects);

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Scope of recommendations: Imprisonment for not less than six months to not less than one year and six months;

(a) Type 1 basic area (less than KRW 100 million) for general fraud (six months to one year and six months);

(b) No special person;

2. Although the defendant was unable to obtain a conviction from the victim, the defendant shall be a victim;