(영문) 서울중앙지방법원 2015.07.10 2015고단2276

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(영문) 서울중앙지방법원 2015.07.10 2015고단2276

사기

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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On February 6, 2015, the Defendant was sentenced to imprisonment with prison labor for not more than eight months at the Seoul Central District Court for fraud and for the same year.

3. 12. The judgment became final and conclusive.

On January 8, 2010, the Defendant made a false statement to the victim E’s office operated by the victim E with the third floor of the DG building in order to remove the factory in order to construct apartment units on the apartment site of the G company located in the Seoul Metropolitan City F, and if the victim borrowed KRW 150 million as the deposit money for the removal work, the Defendant would be able to perform the removal work of the Osan Factory of the G company until August 2010.

However, at that time the above factory site was not designated as a district unit, so it is unclear whether the removal work will be carried out, and it was not specified whether the defendant can carry out the removal work.

In addition, the Defendant used 100 million won out of the amount of KRW 150 million received from the victim, but did not notify the victim of the fact, even though H introduced the Defendant to the victim and used it without relation to the removal work.

On the 29th day of the same month from the victim by deceiving the victim as such, the defendant received 150 million won as a deposit money from the victim and acquired it by fraud on the road near Seocho-gu Seoul Metropolitan Government I.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Each protocol of examination of the accused by the prosecution (including each substitute part);

1. The prosecutor's statement concerning H;

1. Promissory notes notarial deeds and written agreement on removal works;

1. Previous convictions: Criminal records, previous records, and results of confirmation; (1) According to each statement of promissory notes, authentic deeds of promissory notes, written agreements on removal of construction works; and statements made by the victim, each statement, the person who acquired the instant money is the defendant.

As alleged by the Defendant, H is from the victim.

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