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(영문) 서울동부지방법원 2015.11.27 2015고정1360
사기
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Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Around January 20, 2009, the Defendant made a false statement to the victim B, “A city development project will be implemented in Pyeongtaek-si C. It is expected that the apartment construction will be commenced immediately, and the right to operate the brin restaurant will be paid. When operating the brin restaurant, the Defendant may pay 300 to KRW 400 million. The 1200 households of 1200,000,000 won should be paid, and the 100,000,000,000,000 won should be operated.”

However, at the time, the defendant did not secure the site for apartment construction, and there was no permission from the competent authorities related to apartment construction, so even if he did not receive money from the victim, he did not have the ability to operate the apartment construction within the nearest time.

On February 5, 2009, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim through the national bank account (Account Number: D) in the name of the Defendant under the pretext of the down payment related to the contract for the operation of the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police of the accused;

1. The police statement concerning B;

1. Investigation report (related to telephone conversations of a public official in charge of Pyeongtaek-si office);

1. A certified copy of the bankruptcy plan, a land report in the Pyeongtaek-si site, and a Pyeongtaek-si business plan;

1. Application of Acts and subordinate statutes on deposit certificates, box of Pyeongtaek-si C Multi-Family Housing Business, and restaurant contract;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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