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(영문) 수원지방법원 2017.09.07 2017고단1050
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On July 24, 2015, the Defendant knows that “A victim C, who operates E in a restaurant near Vietnam, is the head of the supervision group and supervision director of the G wastewater treatment plant supervision company of the G wastewater treatment plant located in Vietnam.”

The author made a false statement to the effect that he/she would be able to obtain a partial execution right by exercising his/her pressure on F, and that he/she would pay 400 million east (Korean Won KRW 20 million) for project progress expenses, and that “the expenses paid in case of failure shall be responsible for and returned.”

However, in fact, it is unclear whether the Defendant could receive the above construction works, such as where the head of H supervision headquarters (ju) and the J of the supervision director did not receive a definite answer that the Defendant would be entitled to partial performance of the above construction works, and there was no intention or ability to return the expenses paid in the event of failure.

The Defendant, as such, by deceiving the victim, received from the victim, i.e., KRW 150 million from the victim, i.e., KRW 150 million from the victim, and received KRW 100 million from the same place on September 17, 2015, and received KRW 150 million from the same place on July 31, 2015, and acquired the victim’s vietcomb bank card in the name of the victim who is able to use KRW 150 million from July 31, 2015 ( KRW 7.5 million from the time to November 2015) by taking advantage of the amount equivalent to KRW 40 million from that amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness C, J and I;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. A protocol of examination of the suspect of each police officer against the accused (including parts of the statement of J and I);

1. A protocol concerning the examination of each police suspect to J or I;

1. Statement made by the police against C;

1. Receipts and certificates;

1. Investigation report (the F warden and currency of the F in Vietnam);

1. Application of A credit information replies statutes;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, and Article 1.

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