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(영문) 청주지방법원 2015.08.13 2015고단209
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 2, 2012, the Defendant made a false statement to the victim Emart operated by the victim D, located in Sinju-si, U.S., that “F 1st floor store contract expires on March 2013. In order to provide funeral services at this place, the Defendant would provide the disabled association with a premium of KRW 190 million. It would be able to obtain the F 1st floor store operating right on a premium of KRW 190 million.”

However, the fact is that the F1st floor shop was leased by the labor union of the Korea Racing Association, and the contract was maintained, and there was no intention or ability to allow the victim to receive the right to operate the said shop even if the Defendant received the above money from the victim, and there was no intention or ability to enable the victim to receive the right to receive the right to operate the shop.

The Defendant received from the victim a total of KRW 190,000,000 from the victim to the passbook in the name of G on December 26, 2012, KRW 50 million, KRW 50,000 on January 16, 2013, KRW 30,000 on March 8, 2013, and KRW 60,000 on March 20, 2013.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's legal statement (the statement on the fourth trial date);

1. Entry of each part of the accused in the suspect examination protocol by the prosecution against the accused and each statement in G and D;

1. Each police protocol of statement concerning D and each police interrogation protocol of G against each police officer's suspect;

1. The application of Acts and subordinate statutes to a criminal investigation report (report on confirmation of matters related to the sales of store stores in the F), investigation report (Attachment to the F-1st shop lease contract), investigation report (verification of inquiries about the bidding of F-1 shop shop shop), recording record preparation and report;

1. Relevant Articles of the Criminal Act and reasons for sentencing under Article 347 (1) of the Criminal Act of the option of imprisonment for a crime;

1. Application of the sentencing guidelines [Determination of types] Fraudulent Offenses, General Fraud, Type 2 (at least KRW 100,000, less than KRW 500,00) (Special Convicts): dolusence.

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