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(영문) 서울동부지방법원 2017.04.20 2017고단628
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 2012, the Defendant made a false statement to the effect that “The Defendant would have the victim U before the Songpa-gu Olympic apartment shopping mall located in Songpa-gu Seoul Olympic Winter Village, take charge of the overall progress of the construction project, if he/she invests expenses to establish a Si-Gu hospital, a dormitory, a funeral hall, a V hospital, etc. in the permanent residence of North Korea.”

However, the defendant is a bad credit holder, and even if he/she receives money from the injured party due to the lack of a plan to build a hospital, dormitory, funeral hall, hospital, etc., he/she did not have an intention or ability to allow the injured party to take charge of the work.

Defendant deceiving the victim as above and received KRW 1,300,000 from the injured party around July 26, 2012 from the injured party, as well as the delivery of KRW 1,300,00 from that time until April 6, 2013, the Defendant obtained a total of KRW 24,60,000 from that time to that time, as shown in the list of crimes attached hereto.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of statutes on public prosecutor's statement protocol to U;

1. The reasoning for sentencing under Article 347(1) of the Criminal Act and Article 347(1) of the choice of punishment [the scope of recommendation] of the crime [the scope of punishment] is the basic area (from June to January 6) of type 1 (the sentencing decision of less than KRW 100 million) [the sentence] of the basic area (the sentencing decision of less than KRW 100 million] of the criminal act. The defendant's age, sex, environment, motive, means and result of the crime, and all other circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, etc., shall be determined as above.

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