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(영문) 의정부지방법원 2018.01.25 2017고단4718
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On April 13, 2016, the Defendant sought to the victim C a high-speed railroad project that crosses the inside of the city in the mutual French shop located in Seoul Jong-ro 3, Seoul.

For that reason, money is needed to raise funds required for the project in the Hong Congo.

If investment of KRW 20 million is made in order to purchase D buildings in Gangnam-gu Seoul for the purpose of the office of the above business by raising money, 50% of the shares of D buildings will be made.

“A false statement was made to the effect that it was “.”

However, even if the Defendant was to make an investment of KRW 20 million from the injured party, he did not have the intent or ability to acquire D buildings by raising funds in the Red Congo as above.

Defendant deceptioned the victim as above and acquired 20 million won from the injured party by receiving 20 million won as investment money from the same coffee shop around April 27, 2016.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A written agreement and a receipt;

1. A letter of authentication and construction outline;

1. Application of immigration Acts and subordinate statutes on individuals;

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

1. The sentencing guidelines for the sentencing of Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act (the sentencing guidelines for the O fraudulent crime [types] General Fraud [the sentencing guidelines for the sentencing of less than KRW 100 million] In the case where the victim is fully responsible for the occurrence of the crime or the expansion of damage [the scope of the recommendation] mitigation area: In the case where the victim is also liable for the occurrence of the crime or the expansion of damage [the scope of the recommendation] mitigation area: one year or less, the victim denied the crime and did not recover damage; the defendant was under the disadvantage of the defendant five times (including the actual and two times). However, the victim believed that the elderly defendant was also willing to attract the high speed railroad business, or make an investment of KRW 20 million,00,000 to the victim, thereby causing damage to the victim.

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