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(영문) 서울중앙지방법원 2015.01.15 2014고단6368 (1)
사기
Text

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

Reasons

Punishment of the crime

The defendant is a de facto representative of D Co., Ltd., a construction company located in Dong Young-si, and E is a representative director of the building construction business company located in Gangnam-gu Seoul Metropolitan Government F building 510.

On May 7, 2013, the Defendant and E refer to the following: “At the 1st floor of YY-dong 993-14, Sin-si, Sin-si, Sin-si, Sin-dong 93-14, the Defendant is the victim H and I: “The Defendant is running three projects, such as the Singu, Sinan Tourism and Resort Park, Sin-si, Sin-si, Sin-si, Sin-si, Low-gu, Sin-si, and the Daejeon Pukdong-gu, Daejeon, Seosung-gu, Daejeon, to allow 30 million won to sell them by proxy,” and “E is the J punishment, and there are many these projects within Sin-si, Sin-dong 93-14. Although A was currently placed on the ground of its branch office, it will be directly carried out later.”

However, the defendant and E did not have been engaged in the above business by purchasing the business site, etc. The defendant and E did not have any intention or ability to act on behalf of the victims even if they did not receive money from the victims due to the lack of funds in the K apartment construction process, which was conducted by the defendant.

Nevertheless, the Defendant and E, as mentioned above, have induced victims and have been transferred from the victims to the deposit account in the name of the Defendant to the community credit cooperative account in the name of the Defendant.

Accordingly, the defendant conspireds with E to deceiving victims, thereby receiving 30 million won from remittance.

Summary of Evidence

1. Each legal statement of the defendant and E;

1. Statement of the police statement related H;

1. A contract for parcelling-out services;

1. A contract agreement or standard contract agreement;

1. An agreement;

1. Application of a copy of a deposit certificate;

1. The relevant Article of the Criminal Act and Articles 347(1) and 30 of the Criminal Act concerning the selection of punishment for a crime (the scope of recommending punishment) are the reasons for sentencing [the scope of recommending punishment] general fraud (the amount less than 100 won).

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