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(영문) 광주지방법원 목포지원 2016.04.12 2015고단1241
사기
Text

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

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

【The Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court on April 27, 2010, and completed the execution of the sentence on February 24, 201.

【Criminal facts” around August 12, 21013, the Defendant, at the “E” office operated by the Defendant located in the 1st floor of the Seoul Jung-gu Seoul Metropolitan Government, stated that the Defendant would have the right to sell the said shopping mall and conclude the interior contract, and made a false statement to the managing director G of the victim F&D who paid KRW 20 million to the managing director of the said shopping mall at the cost of operating the office.

However, even if the defendant received KRW 20 million from the victim company from the victim company as a person who has no relationship with the above D shop, the defendant did not have the intent or ability to harm the above D shop interior contract.

Nevertheless, the defendant deceivings the victim company as above and acquired 20 million won from the victim company to the corporate bank account (I) in H's name.

Summary of Evidence

1. Statement of the defendant in the second public trial records;

1. Legal statement of witness G;

1. C Police Statement Statement;

1. A copy of the interior works contract (D shop copy), a copy of a monetary loan certificate, or a remittance certificate (20 million won);

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report an investigation (verification that the period of repeated offense of a suspect is in

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 35 of the Criminal Act for aggravated repeated crimes;

1. Reasons for sentencing under Article 32(1)3 and Article 25(3)3 of the Act on Special Cases concerning the Promotion, etc. of Lawsuits to Dismiss Application for Compensation Order (the existence or scope of liability for compensation by the defendant is unclear, and it is not reasonable to issue an order for compensation in the litigation proceedings of this case)

1. Scope of applicable sentences under law: Imprisonment with labor for one month to 20 years;

2. The scope of the recommended punishment on the sentencing criteria [the scope of the recommended punishment] general fraud (less than KRW 100,00) shall be the aggravated area (one year to two years) (one year and six months).

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