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(영문) 서울중앙지방법원 2014.11.19 2014고단5491
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 11, 2009, the defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor at the Gwangju District Court for fraud, etc., and the above judgment was finalized on December 19, 2009.

On September 14, 2007, the Defendant rendered a lawsuit against the victim D in the law firm C office located in Seocho-gu Seoul Metropolitan Government to obtain 60 billion won as land expropriation compensation from the Water Resources Corporation. However, at the attorney’s expense, 100 million won can be received from the 60 billion won unit in the public supply market, but the cost is insufficient. If the Defendant borrowed 100 million won, it would be repaid within one month, and 3 billion won will be invested in the school establishment project planned by the party.”

However, there was no 60 billion won for the land expropriation compensation to be received from the Water Resources Corporation, and there was no intention or ability to pay the money within one month even if the money was borrowed from the victim because it was not possible to recover the money due to the lack of any feasible plan for the payment of the money from the victim because the money was not received from the said E or F because it was not possible to recover from the victim because it was not possible to recover the money due to the fact that the money was borrowed from the victim around January 2007.

Accordingly, the defendant deceivings the victim as above and acquired 100 million won from the victim, namely, the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and H, and part of witness F’s legal statement;

1. Part of the prosecutor's protocol of examination of the accused in G

1. Statement by the prosecution concerning G (including the part concerning the statement by the H);

1. Investigation report (the No. 11 of the evidence list);

1. A previous conviction in judgment:

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