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(영문) 서울남부지방법원 2017.02.10 2016고단1905
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The Defendant and B would have the right to operate the restaurant and store in the premises of the victim D at the office of the Co., Ltd., Ltd., which is located in the city of Incheon on June 27, 2008 and located in the city of Incheon on the following grounds: “60 million won is to be constructed within the E-C site in the city of Namyang-gu, Gyeonggi-do.”

It is intended to operate a restaurant from August 2008, 2008, which is operated by the first police officer.

“.....”

However, in fact, the Defendant and B had not been responsible for the construction of housing site in the E zone in Namyang-si, Namyang-si, and had already received money from other people within the said construction site as the right to operate the restaurant and did not have the right to operate the restaurant. Thus, even if receiving money from the injured party, the Defendant and B did not have the intention or ability to allow the injured party to operate the restaurant within the said construction site.

Nevertheless, the Defendant and B, as mentioned above, conspired with the victim, by deceiving the victim as above, obtained the amount of KRW 60 million per face value per face value and KRW 30 million per face value per promissory note with KRW 30 million per face value from the victim. The Defendant and B received the amount of KRW 60 million per face value and the bill from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning B or D's statement);

1. Statement made by the police against D;

1. Investigation report (Analysis and report on the result of tracking checks);

1. Application of Acts and subordinate statutes on a complaint, a copy of the cafeteria contract, a copy of the receipt, a copy of the deposit certificate of passbook without passbook, and a check number;

1. Grounds for sentencing prescribed in Article 347 (1) and 30 (Selection of Imprisonment) of the Criminal Act in relation to the relevant criminal facts and the choice of punishment;

1. The scope of the recommended punishment according to the sentencing criteria [the scope of the recommended punishment] the basic area (six months to one year and six months) (the period from six months to one year) of the types of general fraud; and

2. In order to recover damage even if the defendant conspireds with B to obtain the amount obtained by deceit is large of KRW 60,000,000, and the victim inflicts serious economic damage.

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