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(영문) 서울서부지방법원 2015.08.12 2015고단1129

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 two years from the date this judgment becomes final and conclusive.


Punishment of the crime

On July 18, 2012, the Defendant: (a) purchased f forest land from the Plaintiff Co., Ltd., Ltd., which is operated within the country, and planned to run a factory in Ansan-si; (b) provided the Defendant with the Defendant’s false statement that “The Defendant would lend money to the Company as soon as it is necessary to pay funds to the Company,” and (c) provided the Defendant’s design services.

However, at that time, the Defendant was unable to perform the design service business for the victim because the purchase price for F forest land was not paid to the owner of the forest land at the time of the construction site of E, a new factory site of E, and the contract became null and void.

Accordingly, the defendant deceivings the victim as above, and such deceptions from the victim to the account under the name of the defendant.


9. Until December 28, 2000 won was received in total by 17 million won.

Summary of Evidence

1. Defendant's legal statement;

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

1. Statement of each police statement related to C and G;

1. Application of Acts and subordinate statutes on deposit account details;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act on Probation and Social Service Order [Scope of Recommendation] General Fraud (less than KRW 100 million) [1-1 year] mitigation area (special mitigation person] or considerable damage recovery [decision of sentence] in light of the fact that the defendant committed the instant crime even though he had the history of being subject to multiple criminal punishment for the same kind of crime, it is necessary to strictly punish the defendant. However, in light of the fact that the defendant recognized his mistake and is divided, the defendant has agreed with the victim, and other various sentencing conditions shown in the argument of the instant case such as the defendant's age, character and behavior, environment, etc., the punishment shall be determined as the order.