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(영문) 서울북부지방법원 2016.11.11 2016고단2409
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On September 2014, the Defendant found the victim as the "G Job Placement Service operated by the victim D, which was located in the Seocho-si, Sin-si, Sin-si, the Defendant: (a) found the victim as the "G Job Placement Service"; and (b) called, the victim "at home, he was obliged to perform electrical construction inside the building; (c) took the victim as a medical care center building located in the Gam-gun or lower in the Gam-gun; and (d) carried the victim's answer; and (c) taken the victim's vehicle as the government going back to the victim's vehicle; and (d) the victim "at once he borrowed 30,000 won, he will complete the construction drawings two to three days, if he borrowed 30,000 won."

However, the defendant did not have been awarded a bid for the medical center building at auction, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant made such a false statement to the victim and received KRW 30,000 from the victim’s place of residence.

2. 피고인은 2015. 1. 중순경 경기 동두천시 E에 있는 F호텔 앞 길에서 피해자 H에게 “연천 대광리에 있는 땅을 베이스캠프로 만들려고 경매로 샀는데 견적을 보러 가자.”라고 말하며 피해자를 경기 연천군 불상지로 데리고 갔다가 되돌아오던 중 피해자에게 “지갑을 가져오지 않았는데 5만 원을 빌려주면 3일 후에 갚겠다.”라고 하였다.

However, in fact, the defendant did not have been awarded a successful bid for the annual land at auction, and even if he borrowed money from the victim, he did not have the intention or ability to repay it.

Nevertheless, the Defendant made such a false statement and received KRW 50,00 from the victim’s occupation.

Summary of Evidence

1. Defendant's legal statement;

1. Application of each statute of H and D

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

1. The former part of Article 37 of the Criminal Code and Article 38 of the Criminal Code among concurrent crimes.

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