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(영문) 인천지방법원 2014.08.28 2014고단4207
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 16, 2010, the Defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Central District Court for fraud, and completed the enforcement of the sentence at the Seoul Detention Center on May 17, 201. On June 20, 2014, the Defendant was sentenced to six months of imprisonment with prison labor at the Incheon District Court for fraud and continued to the appeal court at the present time.

Around August 2011, the Defendant made a false statement to the Defendant’s office located in Gangnam-gu Seoul Metropolitan Government, stating, “The Defendant would allow the Defendant to perform construction work from August 17, 201, on the commercial building located in K in Gyeonggi-si, Gyeonggi-si, the building owner of which entered into a sales contract with J, and on the commercial building located in K, the Gyeonggi-do, the construction business operator, an office of the victim M, “I would have to change the building in Lao to an office which is a hospital building and an officetel, and will allow the Defendant to perform construction work from August 17, 201.

However, at the time, the Defendant did not have any money to proceed with the construction, and it was uncertain to receive the loan as collateral for the above building, so even if the Defendant received KRW 20 million from the victim M through L, the Defendant did not have any intention or ability to allow the test construction from August 17, 201, which is the date of promise to the said L or the victim, even if paid KRW 20 million by L.

On August 12, 2011, the Defendant acquired 20 million won as a check through L from the victim and acquired it by deception.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of M;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to judgment, etc.);

1. Relevant Articles of the Criminal Act concerning the facts constituting the crime: Article 347 (1) of the Criminal Act;

1. Aggravation of repeated crimes: It is so decided as per Disposition for the reasons under Article 35 of the Criminal Act;

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