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(영문) 수원지방법원 평택지원 2016.03.18 2015고단576
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On March 2014, the Defendant: (a) given a contract to the victim B at a mutual influent restaurant located in the Dong-gu, Gwangjin-gu, Seoul Special Metropolitan City (hereinafter “Seoul Construction Site”); and (b) borrowed KRW 20 million to the down payment, the Defendant would give a subcontract for the steel construction part of the said construction project and the part of the steel construction part of the Guro-gu Seoul Metropolitan Government DD Construction Work.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant submitted a written estimate to the subcontractor of the construction project, and did not receive any order for the construction project, and thus, the Defendant did not have any intent or ability to conclude a subcontract for each of the said construction projects to the victim.

Nevertheless, the Defendant received from the injured party the remittance of KRW 20 million on March 25, 2014.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

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

1. Statement made by the police against B;

1. A loan certificate and a letter;

1. Application of statutes on financial transaction details;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

1. Determination: One type of general fraud;

1. Persons subject to special sentencing: None of them;

1. The scope of recommendations: Imprisonment with prison labor for six months - one year and six months;

1. Division of suspended execution: Illegal - Lack of social ties, lack of serious reflective relations, etc.;

1. Determination of sentence: Imprisonment with prison labor 6 months - The judgment shall be rendered as per the Disposition for the reasons above, the circumstances after the crime, and all other circumstances, such as the defendant's age, sexual conduct, intelligence, environment, etc.;

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