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(영문) 서울동부지방법원 2012.11.30 2011고단450
사기
Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in the instant case, the fraud as to C is acquitted.

Reasons

Punishment of the crime

On December 2006, the Defendant, at the Defendant’s house located in the Si of Vietnam, concluded that “A building newly constructed in the Si of Ho Ho-si is necessary to be run a leasing business on lease of the building. 80,000 won may be made by making an investment in 40,000 won and making a profit-making profit equivalent to 30,000 won.” However, at the time, the Defendant did not enter into a lease contract with the owner of a newly constructed building, and the Defendant did not have the intent to pay money as a down payment even if receiving money from the victim, and did not have the ability to implement a leasing business at the local site of Vietnam.

The victim D, who is in the above deceptive act of the defendant, delivered the victim E, victim F, and G as they are, and the victims decided to jointly invest 40,000 won in a total of 11,000 won per each party. The defendant, on January 3, 2007, concluded that "it is necessary to rent a building, and the victim sent 11,000 won to the victims as the contract deposit for the lease of the building." The defendant obtained 1,0380,000 won ($ 11,000 as the contract deposit for the lease of the building from the victims as the contract deposit for the lease of the building from the victims through H.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made in D among the interrogation records of the accused by the prosecution (2 times, 2 times, and 3 times);

1. Application of each police protocol of statement to D and G

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

1. Concurrent Crimes: The reasons for the sentencing of Article 37 (former part), Article 38 (1) 2, and Article 50 of the Criminal Act are as follows: The sentencing range [the range of recommended sentences [the crime group, general fraud, type 1 (less than KRW 100 million), basic area, imprisonment with prison labor for six months] and the following circumstances shall be determined as indicated in the sentencing guidelines. The circumstances that are disadvantageous to the disadvantage that the amount of damage is too large: damage has not been recovered; and after the crime, damage has not been committed.

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