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(영문) 의정부지방법원 2013.06.28 2013고단780
사기
Text

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

Reasons

Punishment of the crime

On September 2007, the Defendant made a false statement to the effect that the Defendant would construct 6 boxes of factory buildings with a size of 50 square meters on the land of 50 square meters on the land of Macheon-si, F, and 6 lots from the family of the victim E (the age of 71) located in Macheon-si.

However, the defendant did not have the intention or ability to construct the factory building to the victim because it is necessary to pay the designer's office who had worked at the time and to install a separate office.

Around September 20, 2007, the Defendant received KRW 15,000,00 from the victim who believed the end to be true to the agricultural bank account (G) in the name of the Defendant, and received KRW 125,883,910 in total from around that time to March 10, 201, as stated in the separate crime list, by deceiving the victim by the aforementioned method, and received KRW 125,883,910 in total over 16 times from the victim.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. Statement E in the suspect examination protocol of the accused by the prosecution;

1. Application of the detailed statement on transactions of self-reliance deposits, cash and paper, detailed statement on transactions of savings deposits, details of deposits in passbooks, detailed statement on savings deposit transactions, statement on deposits in passbooks, details of deposits in passbooks, paper copies (E), and statutes on construction site photographs;

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

1. Among concurrent offenders, the reason for sentencing under the former part of Article 37, Article 38(1)2, and Article 50 of the Criminal Act shows the attitude of the defendant to make a confession and reflect. However, the amount of damage in this case is not so much considerable time to recover damage, and most of the damage has not been recovered until now, and the defendant was revoked from the victim by paying only 20 million won out of the amount of damage to the victim and preparing a written statement, but the victim again wants to punish the defendant for reasons of non-performance of the obligation based on the written statement.

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