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(영문) 서울서부지방법원 2016.07.07 2015고단2571
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant is a person who engages in artificial park construction business without a place of business, under the trade name of “C”.

On March 13, 2015, the Defendant: (a) from March 16, 2015, 2015 to March 16, 2015, the Defendant: (b) the Victim E, operated by the Victim E on the first basement of Mapo-gu Seoul Metropolitan Government D, Seoul; (c) the Victim “The Victim, newly operated at the first basement of the F, Seodaemun-gu, Seoul, in the same year,

4. It shall complete the external signboard and interior works by 30 days until 15.

“.......”

However, in fact, the Defendant had applied for individual rehabilitation and had been seeking about KRW 70 million, and had no intention or ability to complete construction works or return money even if he received the above amount from the above victim, as a plan to use a significant portion of the amount received from the injured party as labor costs and personal debt repayment, etc.

As such, the Defendant deceptions the victim from the above victim, i.e., the head of the Tong (Account G) in the name of the Defendant from the above victim on the same day, i.e., the head of the Tong (Account Number G) in the name of the said victim, 10 million won in the above account in the name of the first intermediate payment around the 20th of the same month, and 5 million won in the name of the Saemaul Depository (Account Number H) in the name of the Defendant in the name of the second intermediate payment around the 27th of the same month

4.3. The third intermediate payment of KRW 10 million was received in total five times as the payment for the construction work from the damaged person, such as receiving the said Saemaul Treasury account under the pretext of partial balance on or around the 10th of the same month, and five million won was transferred to the said Saemaul Treasury account on or around the 10th of the same month, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A complaint;

1. Each payment certificate;

1. A detailed statement of accounts separately;

1. A written inquiry about credit information, the application of statutes governing the list of personal rehabilitation creditors;

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

1. The former part of Article 37 of the Criminal Code of Aggravation of Concurrent Crimes;

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