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(영문) 인천지방법원 2013.11.20 2013고단4529
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around April 20, 2010, the Defendant, as the representative director of C, said C office located in Seocho-gu Seoul Metropolitan Government D Building 401, said C office, and the Defendant, as a sales agent, concluded that “In our company, 3.5 billion won has already been executed by the company, Guro-gu Seoul Metropolitan Government F (G and 36 lots) and the project has been secured by the company.”

However, at the time, the defendant purchased the above land or obtained approval for land use from the prop, and the above office rent was lost to the extent that it is not possible to pay the rent, so it was not in the state of paying the purchase price to the prop or concluding a contract with the contractor.

Nevertheless, the Defendant, as seen above, deceivings the victim as if he were to exercise the right of vicarious sale, and then transferred KRW 30 million from the victim to the post office account in his name on April 20, 2010.

Summary of Evidence

1. The defendant's statement on the second trial date in court;

1. Part of the prosecutor's protocol of examination of the defendant

1. Statement of the police officer to I;

1. Application of Acts and subordinate statutes on copies of receipts;

1. The sentence shall be imposed by comprehensively taking account of the following: (a) Article 347(1) of the Criminal Act of the relevant criminal facts; (b) Article 347(1) of the Criminal Act; and (c) Article 347(1) of the Criminal Act of the Act on the Punishment of Criminal Crimes; and (d) the Defendant’s reason for sentencing of imprisonment with prison labor makes a false statement about the progress of business by obtaining money from the victim; (b

However, the defendant paid approximately KRW 10 million in the course of investigation, and even after the fact that he/she is expected to pay the damage, so the court's detention is necessary for smooth compensation for damage.

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