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(영문) 서울북부지방법원 2012.12.12 2011고단2722
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant pays 150,000,000 won to D who is an applicant for compensation.

Reasons

Punishment of the crime

The Defendant is a person who is operating “F” in Austria.

Around May 4, 2009, the Defendant stated that “Around May 4, 2009, the Defendant would have changed the use of F to a youth hostel with the responsibility and F when acquiring F because it has a license to operate the youth hostel.”

However, the facts do not allow the defendant to change the purpose of use under the lease agreement entered into with the owner of the building, and the defendant did not have the certificate of qualification for operating the youth hostel, and even if the victim D accepts F, the defendant did not have the intention or ability to change

Nevertheless, the Defendant, by deceiving the victim D as above, received 50 million won from the foreign exchange bank account in the name of the Defendant H on the same day from the victim D, and received 10 million won from the same account around June 17, 2009.

Summary of Evidence

1. Statements made by witnesses D and I in the second trial records;

1. Details of photographs of the head of the Tong, advertising engineer, contract, and design drawings;

1. Statement made to the prosecution by the prosecution against D and I;

1. Application of part of the interrogation protocol of the defendant to the prosecution (including D's statements) statute

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. D who is an application for compensation order: Article 25(1) and Article 31 of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc.; Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (not applicable to a victim); Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (which is an application for compensation); Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings (which provides that the victim shall not be a victim); Article 32(1) of the Act on Special Cases Concerning Special Cases Concerning the Promotion, etc. of Legal Proceedings; Article 32(1) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings;

Part of the “Efahigsnachweis”, and the part “40 basic per week or 20 hours per week of minimum service” are written by the Defendant, but parts are added at will as alleged by the Defendant.

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