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(영문) 수원지방법원 2015.04.15 2015고단339
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, around August 1, 2012, at the coffee 5 apartment complex near Ilyang-dong Meal 5 apartment complex, concluded that “The Defendant currently holds the right to operate the health club in the Goyang-dong B apartment complex in Ilyang-si, Ilyang-si, the number of members is 2.50,000 won per month, and the income of KRW 30,000 won per month is raised.” However, even though the above health club member was merely 2-30,000 won per month, the Defendant would transfer the right to operate the above health club and the monthly income of KRW 2,00,000,000 per month, it was false that the above health club member was merely 2-30,000 won per month, and did not provide the victim with the profits of KRW 2 million per month.

Nevertheless, around that time, the Defendant entered into a sales contract with the victim for the above health club operation right and received KRW 20 million from tin as down payment and intermediate payment.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to C

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of a sentence, and

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence on the sentencing guidelines [decision of type] group of fraud crimes-general fraud-10 million won or less [the scope of the recommended range] basic area (one to six months of imprisonment) (one to six months of imprisonment): No special person:

3. Determination of sentence shall be made in the same manner as the order within the scope of recommending sentence, taking into account the amount of damage in this case and the criminal records of the accused; and

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