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(영문) 서울북부지방법원 2015.08.19 2014고단3487
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 4, 2009, the Defendant was sentenced to 8 months of imprisonment with prison labor for a violation of the Act on the Control of Narcotics, etc. in Seoul Northern District Court on November 26, 2009, and the said judgment was finalized on November 26, 2009

On September 208, 2008, the Defendant made a false statement to the victim “D” in the coffee shop of the victim’s “D” in Dongdaemun-gu Seoul Dongdaemun-gu, that “The Defendant would allow the victim to operate a restaurant with the 30 million won in front of the scamhy on the construction site.”

However, there was no intention or ability to allow the victim to operate the restaurant as a box at the construction site.

The Defendant received KRW 20 million from the victim as the price for the operation of the restaurant around the 25th of the same month.

Accordingly, the defendant, by deceiving the victim, received the property and acquired it.

Summary of Evidence

1. A protocol concerning the suspect examination of the accused;

1. Each police suspect interrogation protocol regarding E;

1. Statement of each police statement regarding C;

1. Application of Acts and subordinate statutes on the operation contract of a brine restaurant, contract, loan certificate, each cash storage certificate, cash brincing note, and cash brinction certificate;

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

1. The reasons for the sentencing of Article 37 (latter part) and Article 39 (1) of the Criminal Act for concurrent offenses [the scope of recommendations] The area of aggravation of types 1 (less than KRW 100 million) and the area of aggravation (one to two years and six months) of the Criminal Act for concurrent offenses [the victim under special circumstances] : one year or two years and six months [the sentenced decision] 1 to two years [the victim] paid the defendant with the purchase name, such as misunderstanding and cooking instruments, for the operation of the restaurant, in addition to the payment of the amount of KRW 20 million to the defendant in relation to the restaurant building, the victim used more than 35 million for the purchase name, such as misunderstanding and cooking instruments, but all the goods newly purchased are now dead after the defendant moved the storage place, and the amount prepared by the victim corresponds to the whole property of the victim, thereby causing serious damage to the victim, notwithstanding the fact.

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