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(영문) 서울서부지방법원 2016.01.26 2015고단2479
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On February 2, 2011, the Defendant was prepared to issue a letter of payment guarantee for the purchase of unsold commercial buildings in lots, i.e., f., in D Dda located in Jung-gu Seoul, Jung-gu, Seoul.

In order to be issued a payment guarantee, it is necessary to pay KRW 200 million working expenses such as street funds.

It is expected that a payment guarantee for the purchase of commercial buildings will be issued within one month at the face of a week.

“.........”

However, the Defendant did not fully prepare a written consent to provide security such as a written promise to receive a payment guarantee at the time, and some of the Defendant’s money received from the injured party was thought to be used as a full-time loan, and thus, there was no intention or ability to allow the injured party to receive a payment guarantee even if he received money from the injured party.

Nevertheless, on March 11, 201, the Defendant: (a) by deceiving the victim as above; and (b) obtained a four copy of the Won Won Check as working expenses, such as street funds, from the Suhyup-dong, Jung-gu, Seoul, Jung-gu, Seoul, and acquired a total of KRW 200 million from the victim.

Summary of Evidence

1. Partial statement of witness E;

1. Part concerning the statement of F in the protocol of interrogation of the suspect against the defendant in the prosecution;

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

1. A protocol concerning the examination of the police officers against the accused (two times);

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense and Article 347 (1) of the Selection of Punishment;

1. The reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence is that the defendant has been punished several times for the crime of fraud, and among them, the criminal records are included therein, and the content of the crime in this case and the amount of fraud in this case are significantly large, etc., the criminal liability of the defendant is heavy.

On the other hand, the defendant returned 20 million won out of the amount of fraud of this case to the victim, and the defendant actually.

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