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(영문) 의정부지방법원 고양지원 2015.05.28 2015고단831
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On August 8, 2008, the Defendant: (a) stated that “B is on dispatch to the Gancheon-gun District 7 Complex in the Goyang-gu, Yongsan-gu, Busan High Village 7 Complex; (b) was decided to enter the casino immediately in the Ganjin-gun, the Director General of the Ministry of Land, Transport and Maritime Affairs, and of the Ministry of Land, Transport and Maritime Affairs; (c) was not yet announced; and (d) was not yet announced, and (d) purchased two parcels of land, 30 million won is necessary for land price; (b) 200 million won is to be imposed; and (c) 100 million won is to be invested.”

However, the Defendant did not have worked in the Cheongjin-gun District Assessment Team, and there was no information from the Director General of the Ministry of Land, Transport and Maritime Affairs that “I will come into a casino in the Cheongjin-gun.” Even if the Defendant received the investment money from the complainant, he was planned to consume it for personal purposes, so there was no intention or ability to purchase the land with the money and to pay a lot of money to the complainant.

After all, the defendant received KRW 100 million from the victim to the national bank account (E) in the name of the defendant on August 14, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Investigation reports (Submission and attachment of details of account transactions in suspect's name);

1. Application of Acts and subordinate statutes to documents to be submitted by victims (certificate of seal, borrowed certificate, land cadastre, and certificate of seal impression);

1. Grounds for sentencing choice of imprisonment with prison labor, Article 347(1) of the Criminal Act applicable to the relevant criminal facts;

1. Not less than one hundred million won, less than five hundred million won, and basic areas: Imprisonment for one year to four years;

2. It is inevitable to sentence a sentence in light of the fact that the amount of damage caused by the instant crime was the largest amount of KRW 100 million, and that the damage was not recovered at all.

However, the defendant's mistake is recognized, there is no record of punishment other than once a minor fine, and the age of the defendant shown in the pleading;

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