logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울서부지방법원 2017.11.17 2017고단2621
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On October 15, 2014, the Defendant: (a) around October 15, 2014, at the office operated by the victim D in Songpa-gu Seoul Metropolitan Government, “The victim was a member of the emergency countermeasures against the reconstruction and improvement association of the E apartment reconstruction association located in Songpa-gu Seoul; (b) the right to operate the restaurant was allocated to the Emergency Countermeasure Committee.

50,000,000 won was stated to be awarded a successful bid on the face of the State, so that the right to operate the restaurant can be awarded.

However, the defendant did not have any relationship with the above E-E apartment reconstruction improvement cooperative, and there was no intention or ability of the victim to have the victim operate the restaurant at the above reconstruction site.

On October 20, 2014, the Defendant was transferred KRW 5,000,000 to the post office bank account (G) account in the name of F in the name of the contracting party of the restaurant operation right.

From this point to February 25, 2015, the Defendant received totaling KRW 75,500,000 from the injured party by the same method nine times as indicated in the list of crimes in the attached Table.

Accordingly, the defendant, by deceiving the victim, acquired property or pecuniary benefits.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects of H, I, or F;

1. Statement made by the police against D;

1. Investigation report (No. 17,20 on a list of evidence);

1. Application of Acts and subordinate statutes to agreements on the operation of a partnership, the details of deposits and withdrawals, loan certificates, and photographing the suspect's name cards on reconstruction apartment sites;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act and the choice of punishment for the crime;

1. The reason for sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act [the scope of the recommended punishment] In the case where the mitigation area (one month to one year) (person with special mitigation) [the person with special mitigation] is not subject to punishment or where considerable damage was restored [the sentence] under the following circumstances, taking into account the Defendant’s age, sexual behavior, environment, circumstances after committing the crime, etc., the sentence is to be determined by considering the circumstances, the Defendant’s age, sexual behavior, environment, after committing the crime, etc.; the fact that the favorable circumstances reflects mistake - the damaged part of the sentence [the damage] was recovered.

arrow