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(영문) 인천지방법원 부천지원 2015.07.24 2015고단932

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 29, 2015, the Defendant was sentenced to ten months of imprisonment for fraud in the Busan District Court Branch Branch of the Incheon District Court on June 5, 2015, and the judgment became final and conclusive on June 5, 2015.

On November 13, 2009, the Defendant made a false statement to the victim D that “The Defendant would pay 20% of the construction cost as advance payment at the time of the commencement of construction work around November 30, 2009, and pay 100 million won in the course of the construction work,” with the victim D’s office operated by C in the Si of Si of Gun.

However, on June 10, 2009, the Defendant agreed to accept the business rights of the remainder of the Egypt 50 billion won from F from F to 8 billion won, but did not have been fully performed, and even if the Defendant did not receive money from the victim, the Defendant did not have the intent or ability to cause the victim to construct reinforced concrete during the Egypt Newly constructed construction even if he did not receive money from the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim, obtained KRW 16 million from the victim on November 13, 2009, KRW 9 million on November 14, 2009, KRW 30 million on November 23, 2009, KRW 20 million on December 11, 2009, KRW 20 million on December 11, 2009, and acquired KRW 20 million on December 15, 2009 from the victim to the G account in the total of KRW 95 million.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C, D, and H;

1. Each investigation report (the additional statement of reference witness G, I and currency of the land owner reference witness of the present case, J currency of the Egypt owner at the time of the present case);

1. An inquiry into the details of transactions in G name, passbook copy, and standard subcontract agreement for private construction works;

1. Application of Acts and subordinate statutes to inquiry reports and submission of evidentiary materials (attached Form three copies of judgment);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The grounds for the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Code for concurrent crimes have reached KRW 95 million and the amount of damage has not been repaid.