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(영문) 인천지방법원 2017.09.21 2017고단2615
사기
Text

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

Reasons

Punishment of the crime

1. On March 2016, the Defendant stated that “Around Bupyeong-gu Incheon Metropolitan Government, Bupyeong-gu B Victim C’s operation D, the Defendant would allow the victim to deliver the refined land to the funeral funeral and to the funeral place and to the place of crowdfunding five places in the waking.” In order to conclude a supply contract, the Defendant falsely stated that the down payment needs to be issued to the victim.”

However, the defendant did not have the intent or ability to allow the supply of refined meat as above.

The Defendant, as such, deceiving the victim, and deceiving him/her as the contract deposit for the supply of refined meat from the damaged person, shall be KRW 1.5 million on March 2, 2016, and the same month.

3. 3.5 million won for the same month, 3 million won for the same month, 16.4 million won for the same month, 31.4 million won for the same month, 4.4 million won for the same month, 4.4 million won for the same month, 2.4.4 million won on April 2, 2016, 1.5 million won on June 24, 2016, and 1 million won on July 23, 2016, were transferred to each Defendant’s account and received two million won on March 2016, such as receiving two million won in cash.

2. Around April 2016, the Defendant: (a) had an apartment construction project for the victim’s apartment at the time of the third class of C, and was scheduled to operate the restaurant at that place; and (b) had the cream operate the restaurant through the cream; and (c) issued the down payment, which requires the down payment, thereby making it false.

However, the defendant did not have the intent or ability to allow the victim to operate the restaurant as above.

As such, the Defendant: (a) by deceiving the victim; and (b) received KRW 20 million from the victim as down payment in cash on April 14, 2016; (c) KRW 15.1 million on the same month; and (d) KRW 5 million on September 8, 2016 from the victim to the account of each Defendant; and (d) received KRW 3 million in cash on April 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of Acts and subordinate statutes on transaction details;

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

1. Type 1 of Article 37 (former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act for the punishment of concurrent crimes (the grounds for sentencing) (the scope of the recommended punishment is KRW 100 million).

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