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(영문) 서울북부지방법원 2014.06.19 2013고단3337
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, who became aware of the members of Kwikset Association, attempted to acquire money from the victim D, who is an article of Kwikset Service, in order to give the right to remove the building at his own request, or to receive the construction of the building.

Around March 22, 2013, the Defendant stated that Jongno-gu Seoul Jongno-ro 6 will assign a building work on a hotel to a luminous bathing beach located in Busan, and would give the victim D the right to remove the building located on the site. If removal is made, there will be a lot of profits. If the project is well, the Defendant would be able to take back the son of the son and be employed as an employee in the last time, and if so, it would be difficult to deliver the original in the Seodaemun-gu market, such as now.”

However, the defendant did not have the right to remove even if he received money from the victim because he did not have the right to construct the above hotel.

As above, the Defendant, by deceiving the victim, received KRW 10,00,000 from the victim to E’s account, and thereafter, received KRW 25,430,00 from that time until June 5, 2013, and acquired KRW 24 times from that time, as shown in the annexed Crime List.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes on account transactions;

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

1. The reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act among concurrent offenders is that the Defendant acquired money from the victim as if he received or would receive money, even though the contract had not been terminated since the conclusion of the contract was not long after the conclusion of the contract under the name of the Busan Mine General Construction Co., Ltd., and even the Incheon Hotel Construction Co., Ltd. was not in progress at all.

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