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(영문) 인천지방법원 2014.08.21 2014고단1331
사기
Text

A defendant shall be punished by imprisonment for four months.

The defendant shall pay 10 million won to the applicant for compensation by fraud.

(e).

Reasons

Punishment of the crime

On August 14, 2013, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution in the Suwon District Court Ansan Branch on August 14, 2013, and the judgment became final and conclusive on August 21, 2013.

On October 20, 2011, the Defendant, at the restaurant located in Seocheon-gu, Seocheon-gu, Seocheon-si, Gyeonggi-do, the Defendant, introduced the Defendant’s post-micker E to the victim C civil engineering works of the new construction site located in the Gyeonggi-do, Seoul Special Metropolitan City F. If the Defendant lent KRW 10 million, the Defendant returned the principal until December 20, 201, and ordered the construction site to work as security guards, and displayed the Defendant’s multi-family housing plan.

However, there was no fact that the defendant agreed to perform civil engineering works on the above land, and even if he borrowed money to the victim, he did not have any intention or ability to get the victim to be employed as security guards.

On October 20, 201, the Defendant received KRW 5 million from the victim’s account under the name of the Defendant, and KRW 5 million from the same account on October 21, 201 and received KRW 10 million in total.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant legal provisions concerning criminal facts: Article 347 (1) of the Criminal Act;

1. Orders for compensation: Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Legal Proceedings;

1. Declaration of provisional execution: The grounds for sentencing under Article 31 (3) of the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings: The statutory detention shall not be made because the possibility of agreement is high in light of the area of mitigation among general fraud the amount of which is less than 100 million won and the amount of damage within one year;

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