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(영문) 서울서부지방법원 2014.07.15 2013고단754
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 27, 2012, the Defendant told the victim C that “The construction of 760-household Bara is being implemented on the Da, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, and the construction is scheduled to be carried out from May or June to June, 2012, the Defendant called that the victim C would be able to operate the bacon restaurant at the construction site at the site of the said construction site.”

However, in fact, the defendant was requested by E, a project executor, to introduce the construction work on March 2012 in relation to the above loan construction, and was not a project executor. In addition, the defendant did not have any intention or ability to allow others to operate the restaurant within one month even if he received money from others, since it did not have been in a situation where the construction work is not properly determined at the time.

Nevertheless, the Defendant, as above, made a false statement to the victim, and acquired 8 million won from the victim as the down payment to the victim.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. Collective meal service operation contract;

1. Details of transactions;

1. Application of the Acts and subordinate statutes for investigation reporting;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) shall apply to the accused, taking into account all the circumstances, such as the fact that the accused

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