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(영문) 춘천지방법원 2014.10.30 2014고단572
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant, on April 2013, at the “E” restaurant for the victim D’s “E” restaurant for the operation of the Gangwon-do Police Officer D’s Gangwon-gun, the Defendant continued to construct an apartment in F at the time of the construction, with more than 150 persons use a restaurant at the early stage of the construction, and the number of floors exceeds 300 persons. The initial deposit is KRW 50,000,000,000,000 won at the place of the week.”

5. “29. 29.” Since there are many people to serve as a restaurant, deposit money was promptly deposited and received 30,000,000 won from the Defendant’s new bank account (H) in the name of the Defendant’s deposit for the restaurant around May 30, 2013.

In fact, even if the defendant receives the deposit from the victim, he did not have the intention or ability to allow the victim to operate the restaurant.

Accordingly, the Defendant, by deceiving the victim as above, received 30,000,000 won from the victim as the deposit money for the restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. A copy of the I Statement;

1. Copy of the loan certificate;

1. Copy of a bankbook who has filed the complaint;

1. A copy of a receipt;

1. An application for deliberation on a building plan (revision);

1. Investigation report (F Investigation Guards);

1. A reply;

1. Application of statutes in a copy of application for civil petition;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Social Service Order Criminal Act [Determination of Punishment] The reason for sentencing under Article 62-2 of the Social Service Order Act [Determination of the recommended area] The basic area [decision of the recommended area] [the scope of punishment] six months to one year and six months] [the main reasons for suspension of execution] - The main reasons for entry: negative agreement - In a case where positive damages are considerably small, substantial damages are recovered, or considerable damage is recovered, the reason for general participation has no effort to recover adverse damage (decision of sentence].

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