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(영문) 서울서부지방법원 2014.06.17 2013고단2741
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On June 2008, the Defendant stated that “The victim D, who was introduced by the Saemangeum Exhibition Center located in the former North Korea through C, his own rear, will immediately start the Saemangeum Construction and the Construction of El branch, etc., a large enterprise will begin the Saemangeum reclamation work. As there has been a lot of stories, KRW 50,000,000,000 in the site of the reclamation work, would be deducted from the right to operate the restaurant at the site of the reclamation work, and will be transferred to the Party.”

However, there was no intention or ability of the defendant to transfer the right to operate a cafeteria to the victim at the time of the commencement of reclamation works.

The Defendant, as such, deceiving the victim and deceiving him, is the same year from the victim.

7. 15. Receiving KRW 50 million from the national bank account under the name of the Defendant.

Summary of Evidence

1. Each legal statement of D and E;

1. A protocol concerning the suspect examination of the accused;

1. Statement of D police statement;

1. A contract for supply and demand of an on-site restaurant;

1. Application of statutes on the transfer certificate of Internet banking transfer;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act suspended execution ( normal consideration, such as the fact that the defendant does not have the same criminal records and the victim does not want the punishment of the defendant under an agreement with the victim);

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