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(영문) 인천지방법원 2019.08.30 2019고단4064
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On March 2015, the Defendant made a false statement to the victim B, who was a brin restaurant operator, who had been previously known to him, that “The apartment construction of the C&A began at the B/A around 2015, and I would like to receive the right to operate the brine in the construction site by talking to the chairman of the redevelopment promotion committee at around 2015, but I would like to receive the right to operate the brine.”

However, even though the defendant did not know of the chairman of the redevelopment promotion committee, he did not have the intent or ability to accept the right of operation of the above construction site.

Nevertheless, around March 16, 2015, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the E bank account in the name of the Defendant D, and acquired KRW 50 million in total five times from around that time to June 29, 2016 under the same name, as described in the attached list of crimes.

Summary of Evidence

1. Defendant's legal statement;

1. The written statement made by the police officer with regard to B;

1. Application of Acts and subordinate statutes on details of transactions, such as investigation reports (verification of the progress of the redevelopment project), two copies of official documents, investigation reports (attached to details of transactions submitted by suspects, etc.), F association accounts in the name of a suspect, investigation reports (the details of transactions in DNA name, etc. used as a suspect), copies of bankbooks in DNA name, criminal investigation reports (attached to details of transactions submitted by a complainant), five copies confirmations of results of electronic financial transfer, investigation reports (credit information confirmation of a suspect), credit information replies, investigation reports (subject to execution of a bank tracking warrant), and

1. Relevant Article 347 (1) of the Criminal Act and the choice of punishment for the crime;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing guidelines [the determination of types] shall be limited to fraudulent offenses: general fraud [the type 1] below 100 million won (the person specially punished].

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