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(영문) 인천지방법원 2015.07.08 2015고단647
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

On March 10, 2011, the Defendant made a false statement to the victim D at the office of the Sindo Integrated Construction Co., Ltd., Ltd., the third floor of the Sindong 36-10 New Building in the Mandong 36-dong 36-10, a Mandong-si, stating, “I will send KRW 20 million at the operating cost of the Mando Cooperative Construction Co., Ltd. and the Sindo Integrated Construction Co., Ltd., Ltd., to conclude a removal construction contract with E until June 30, 2011.”

However, in fact, the defendant-friendly job offering E is the head of the Seo-gu Incheon Metropolitan Government F apartment reconstruction project. However, at the time, two mountain construction was not selected as the head of the reconstruction project, and the defendant did not have been delegated the authority to the removal contract by E, so even if the defendant received money from the victim, the defendant did not have the intent or ability to permit the removal project as a promise.

As above, the Defendant, by deceiving the victim as above, received KRW 4 million from the national bank account in the name of G to the account under the name of G for the operation expenses of the association, and received KRW 70 million in total from around that time to October 27 of the same year, as shown in the list of crimes in the attached Table from around 11 to around 27 of the same year.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of E or D;

1. Each police statement of H and G;

1. Application of Acts and subordinate statutes to a report on investigation (the details of tracing fund flow - final);

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

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. Application of the sentencing criteria [Determination of types]: General fraud (less than KRW 100,00) (the amount less than KRW 100,000): Reduction element: One month to one year where substantial damage has been recovered (the scope of recommending punishment);

2. Determination of sentence: Six months of imprisonment;

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