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(영문) 서울중앙지방법원 2019.04.30 2018고단6902
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

Criminal facts

The Defendant conspired against B and the victim C to obtain money by deceptioning the reconstruction removal work.

B In November 201, in the office of E Co., Ltd. located in Seocho-gu Seoul, Seocho-gu, Seoul, the victim made a false statement to the effect that “I will remove the building on the ground outside G in Jung-gu, Seoul and 19 lots and leave reconstruction construction to E Co., Ltd.” to the victim.

However, the defendant and B did not have any relationship with F, and even if the victim received 20 million won from the victim, there was no intention or ability to allow the victim to perform reconstruction works.

At the end of the foregoing false statement in B, the victim remitted the sum of KRW 20 million to the H bank account (Account Number I) in the name of the defendant designated by B, KRW 5 million in December 15, 201, KRW 5 million in December 16, 201, KRW 5 million in December 16, 201, and KRW 10 million in December 21, 201.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

Summary of Evidence

1. Defendant's legal statement;

2. The suspect interrogation protocol of the police as to B;

3. Statement to C by the police;

4. Application of Acts and subordinate statutes on transaction of passbooks;

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

2. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that the defendant has no criminal record exceeding the same criminal record or fine, the degree of the defendant's participation in the crime of this case, and the fact that the defendant has returned some amount

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