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(영문) 수원지방법원 2014.06.11 2013고단6348
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

In around 2007, the Defendant made a false statement to the effect that, “The Defendant would give the victim the right to operate a brine restaurant at the scene of the Lao Terminal Construction Work and the site of the shuttle-off vessel remodeling work at the Chungcheongnam-gu, Geumcheon-gu, Seoul.”

However, the defendant did not have any intention or ability to give the victim the right to operate the restaurant because he did not have the right to operate the restaurant at the construction site.

Around October 4, 2007, the Defendant: (a) by deceiving the victim as above; (b) received 20 million won from the victim to the bank account in the name of the Defendant’s attached E as a deposit; (c) received the money of KRW 30 million under the same name as the above account on December 13, 2007; (d) received the money of KRW 5 million from the Defendant’s bank account in the name of the Defendant on March 14, 2008; and (e) received the money of KRW 5 million under the same name as the above account in the name of the Defendant on March 26, 2008; and (e) obtained the money from the defrauded under the same name as the above account in the name of the Defendant on March 26, 2008.

Summary of Evidence

1. Defendant's legal statement;

1. D's statement among the suspect interrogation protocol of the accused against the prosecution;

1. Application of the police statement law to D;

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act selection of punishment, and grounds

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. Scope of the recommended sentence on the sentencing guidelines [decision of type] group of fraud crimes-general fraud-10 million won or less [the scope of the recommended range] basic area (one to six months of imprisonment) (one to six months of imprisonment): No special person:

3. The Defendant rendered a sentence of sentence: (a) paid the full amount of damage to the victim; and (b) submitted to the full bench a document that agreed with the victim.

However, the above documents were submitted after the defendant promised to pay the amount of damage in installments to the victim, and the defendant's side did not comply with the above promise.

For this reason, the victim can receive money.

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