(영문) 서울서부지방법원 2012.11.14 2012고단838

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(영문) 서울서부지방법원 2012.11.14 2012고단838

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to 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 has been able to have a friendly relationship with the persons related to the Tranchis Group. On September 2008, the defendant was introduced to the victim D who conducts telecommunications construction business through C, who is a police officer in early September 2008.

On September 9, 2008, the Defendant told the victim in Yongsan-gu Seoul, Yongsan-gu, Seoul, that “I want to operate a golf course business in the female-gun where I am well aware of it. I would like to make it possible for a pair of construction works to take part in the golf course, and at that end, I would be able to take part in the construction of a golf course because there are many people who know in a pair of houses. To do this, I would need to bear expenses, which would change to KRW 30 million.”

However, even though the Defendant wanted to engage in the business of supplying earth and stone to Honam KTX Railroad, it was intended to prepare for such business without any expense. In addition, the Defendant did not have any intention or ability to allow the victims to receive telecommunications construction from TTX Construction as well as obtaining a golf course construction work.

Nevertheless, the Defendant, by deceiving the victim as above, was delivered KRW 30 million to the Agricultural Cooperative Account in the name of F in the name of F, the Defendant was sworn around September 9, 2008.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol of examination of part of the defendant by prosecution;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to investigation reports;

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

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act that the injured party does not want the punishment of the accused

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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