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(영문) 인천지방법원 부천지원 2014.08.14 2013고단3494
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around May 15, 2012, the Defendant: (a) operated the “C” as a building company; (b) at the foregoing company office located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government DB101, the Victim E states, “F is elected as the chairperson of the G Normalization Promotion Committee; (c) the internal organ continues to look at the person; (d) if the F is elected as the president of the H Hospital, it may select and work as a collaborative company of the H Hospital Corporation; and (e) if the F is interrupted as the president of the H Hospital, he/she may choose and work as a collaborative company of the H Hospital Corporation; and (e) notarized a promissory note amounting to KRW 100 million per face value on or around September 7, 2012; and (e) drafted a standard contract for the H Hospital Corporation; and (e) falsely referred the victim as if he

However, in fact, F did not have been decided by the president of G Head Office, and did not have any idea to use the money received from the victim to F. Thus, even if the victim received the above money, F did not have any intent or ability to allow the said H Hospital construction to be contracted.

Nevertheless, the Defendant deceptioned the victim as above, and received from the victim the total amount of KRW 100 million around September 7, 2012, including KRW 30 million around September 13, 2012, KRW 30 million around September 13, 2012, KRW 100,000 around October 23, 2012, KRW 100,000 around October 31, 2012, KRW 200,00 around November 7, 2012, KRW 100,000 around November 12, 2012, KRW 100,000 around November 21, 2012, KRW 30,000 from Defendant bank around December 21, 2012, KRW 200,000 in the name of Defendant 261 million around December 21, 202, KRW 2012.

Summary of Evidence

1. Partial statement of the witness F;

1. Protocol of examination of witnesses related to E;

1. The prosecutor's protocol of interrogation of the accused (including the record of the E's statement);

1. Application of Acts and subordinate statutes on standard contract;

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

1. Article 62(1) of the Criminal Act provides that the defendant has a criminal record of the same kind once, and that the defendant is an individual out of the amount of damage;

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