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(영문) 서울서부지방법원 2016.06.24 2015고단3255
사기
Text

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

Reasons

Punishment of the crime

The Defendant, together with C, gave a person who has conducted real estate consulting business with C, a person who has conducted real estate consulting business, and a victim E who runs a construction business, with the intent to obtain money from the victim for fraud.

On March 201, 201, the Defendant puts the victim, who was introduced through C at the mutual infinite coffee shop of the Gangnam-gu Seoul Samsungdong Line, on March 1, 201, to “infinite of the F church, is the core of the G Foundation, and is in charge of all government construction,” and “detaileds are explained by C.

The term “A” refers to the victim’s false statement that “C” means that “A 50,000,000 square meters in Pyeong-gun Pyeong-gun Cheongpo-si Cheongpo-si Mapo-si Mapo-si Mapo-si Mapo-si Mapo-si is a G Foundation, which is the fact that the said construction is a Mapo-si, which may give rise to KRW 50,000 of the Guro

However, in fact, the defendant or C was not related to G Foundation or F church, and the above construction site was also irrelevant to G Foundation or F church, and the defendant was not at a position to exercise any influence on the project site in the above construction site, and there was no intention or ability to allow the victim to receive the work even if the defendant received the work funds from the injured party, because he did not have any position to exercise any influence on the project site.

Accordingly, the Defendant, in collusion with C, deceiving the victim as above, and caused the damage to C to the Agricultural Cooperative Account in the name of H, a person who is in the position of C, as the above, KRW 10 million on April 1, 201, and the same month.

5. The aggregate of KRW 40,000 was received.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. Copy of the protocol concerning the examination of suspect C by the prosecution;

1. Statement made to I by the police;

1. A copy of the text of the judgment rendered by the Seoul Western District Court 2013 High Order 214;

1. Application of the Acts and subordinate statutes of written complaint of E;

1. Relevant Article 347 of the Criminal Act, Articles 347(1) and 30 of the Criminal Act, and the sentencing of imprisonment for the selection of criminal facts is due.

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