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(영문) 수원지방법원 2014.09.24 2014고단2807
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who actually operated the LAC from around 2007 to June 2013.

In fact, around March 2010, the Defendant had a debt amounted to KRW 200 million, had no property in the name of the Defendant, had not been prepared to participate in the construction of an expressway that was in progress, had been thought to use money from the victim D as the operating expenses of the company it operated, and there was no intention or ability to repay borrowed money.

Nevertheless, on March 2010, the Defendant made a false statement to the effect that “F” offices located in Heung-gu, Young-gu, Young-si, Young-si, Young-si, the Defendant agreed to participate in civil engineering works among the construction works of the construction works of the construction works of the outer cycle-dong Highway in Young-gu, Young-gu, 2010, and that “The Defendant would pay 2 million won as of the date of each month to repay the principal as after the completion of the construction works” to the effect that “The Defendant would not participate in the construction works of the construction works.”

Around April 2, 2010, the Defendant, by deceiving the victim as above, received KRW 130 million from the victim, via the Defendant’s corporate bank account (Account Number H) in the name of G.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police statement law to D;

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

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. Grounds for sentencing under Article 62-2 of the Criminal Act of the community service order;

1. Scope of applicable sentences under law: One month to ten years of imprisonment;

2. A person subject to special mitigation in the scope of the sentencing guidelines [decision of types] on the sentencing guidelines; a fraud group-general fraud-100 million won or more; and a person subject to special mitigation in the area of special reduction [the scope of the recommended area and the range of the recommended amount]: In cases where a person intentionally commits a deceptive act with negligence, a person not subject to punishment shall be punished;

3. The amount of damage of this case to which the sentence was rendered shall be KRW 130 million,00,000,000.

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