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(영문) 수원지방법원 평택지원 2015.11.19 2015고단1373
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On November 201, the Defendant stated that “If the D Company located in Pyeongtaek-si C performs pentine construction work within the Jeonbuk-do but lends KRW 50 million to the construction cost, the Defendant would pay KRW 90 million by adding the interest of KRW 40 million to the construction cost.”

However, at the time of fact, it was unclear whether or not the defendant could be able to perform the pentry construction within the North Korean territory. The defendant tried to use the pentry construction for personal purposes, such as living expenses, even if he received KRW 50 million from the victim, and thus, even if he was ordered to do so, he did not have the intent or ability to pay the victim KRW 90 million as above.

Ultimately, the Defendant received KRW 50 million from the injured party to the new bank account in the name of the Defendant at around November 17, 201. From around that time to June 2012, the Defendant received from the injured party the amount of KRW 1,30,000 in total as stated in the written indictment of KRW 192,096,983, a total of KRW 130,000 in total, as stated in the written indictment of KRW 92,00 in the written indictment of KRW 13,00,00 in total, as it is clearly stated in the written indictment of KRW 12 times, as in the written indictment of KRW 192,09,983, even if it was corrected without any changes in the indictment, it does not seem that a substantial impediment to the Defendant’s exercise of his right to defense. Accordingly, this is corrected ex officio.

this shall be obtained and shall be acquired.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E;

1. Application of the laws and subordinate statutes to each investigation report (No. 27,32,36,39,42,46,48)

1. Article 347 (1) of the Criminal Act as to the facts constituting the crime;

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent crimes [the scope of recommending punishment] and the basic area (1-4 years) of types 2 (at least KRW 100,00,00 and less than KRW 500,00) of the Criminal Act [the decision of sentencing] [the decision of sentence] is the victim’s punishment, the victim did not recover from damage at all, and the victim’s damage is relatively relatively.

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