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(영문) 서울서부지방법원 2014.04.04 2013고단3227
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 24, 2013, the Defendant, at the office of the Defendant located in Eunpyeong-gu Seoul Metropolitan Government on April 24, 2013, made a false statement to the victim C, “The victim C frequently occurs in the forest sacrine located between the face value of the Paju-si and the Sacheon-gun, which is the residents’ accommodation project to prevent this, and the D Committee which promotes this project is scheduled to enter into a contract with a specialized dredging business entity. This dredging work is performed, and at the same time, with the permission to extract aggregate, the Defendant changed the amount of KRW 30 million to the cost of treating the petition.”

However, the above D Committee is not the above authority to permit dredging construction or collection of aggregate, but the above dredging construction was not a private contract, and some of the money received from the victim was thought to be used for the defendant's personal debt repayment, etc. Therefore, even if the victim received money in the name of expenses for handling civil petitions, there was no intention or ability to permit the victim to dredge the dredging construction and the right to extract aggregate.

Nevertheless, the Defendant, by deceiving the victim as above, received 20 million won from the victim’s seat to the Defendant’s account, i.e., from the victim’s seat, and acquired 30 million won in total from May 13, 2013 to the Defendant’s account.

Summary of Evidence

1. C’s legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Statement of the police statement regarding C;

1. A statement of performance;

1. Application of Acts and subordinate statutes on trading lists;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act (Article 62 (1) of the Criminal Act shall take into consideration all circumstances, such as the absence

1. Social service order under Article 62-2 of the Criminal Act;

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