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(영문) 수원지방법원 성남지원 2016.08.03 2016고단1301
사기
Text

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

Reasons

Punishment of the crime

The Defendant, who operates a laundry, did not have the intent or ability to obtain the consent of neighboring merchants who dissented from the opening of the call text to the victim D in need of the consent of neighboring merchants in order to open the call text of the first floor underground in Gangdong-gu Seoul Metropolitan Government. The Defendant was merely a member of the New Political Democratic Union, and did not have the intent or ability to obtain the consent of the opposite merchants through the representative of the New Political Democratic Union.

Nevertheless, on July 30, 2015, the Defendant made a false statement to the victim in the vicinity of the victim's house in Songpa-gu Seoul Metropolitan City, stating that he will resolve the problem of the opposite merchant if he/she takes money under the pretext of his/her business promotion expenses, and received 100,000 won from the victim to the new bank account (E) in the name of the defendant on the same day from the victim. On September 5, 2015, after considering the fact that he/she was inside the victim's house at a non-permanent place on the same day, he/she tried to help the victim take the place to the member of the National Assembly. In addition, I would like to give the consent to the opening of the call text (E).

As the inside of Korea is in friendship with the representative of the New Political Democratic Union, it is possible to obtain (F's name) Gong30,000,000 won under the pretext of official capital to be obtained the consent of opening the Qu Tech, and it was transferred from the damaged person to the said new bank account in the name of the defendant, KRW 6,00,000 won on the same day, KRW 15,7 million on the 15th of the same month, KRW 50,000 on the 24.5 million on the 21th of the same month, KRW 20,000 on October 21 of the same year, and KRW 5,000 on the 22nd of the same month, respectively.

Accordingly, the Defendant was given property worth KRW 49.5 million by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to a detailed statement of transactions in a passbook, a person, and photograph;

1. The grounds for sentencing of the punishment of imprisonment [the scope of recommendation] under Article 347(1) of the Criminal Act, Article 347 of the Criminal Act, and Article 347 of the Criminal Act concerning the crime.

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