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(영문) 인천지방법원 2012.09.18 2012고단8156
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that 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

The defendant is the actual manager of the corporation C, and is the Ecomhere owner in the Nam-gu Incheon Metropolitan City D, and F is the contractor of the above Ecomhere.

In collusion with F, the Defendant, at the office of the Co., Ltd., Ltd., located in Bupyeong-gu Incheon Metropolitan Government, on March 19, 2010, concluded a new lease agreement with H, the lessee of the said telecom, and the construction cost at the time was insufficient. Therefore, even if the victim I concluded a lease agreement with the above telecom and received the lease deposit, the Defendant concluded a false agreement with the victim I to complete the telecomcom and to allow the victim to run the telecomcoming business within 40 days by using it as the construction cost, and the victim did not have the intent or ability to use it as the construction cost so that the victim would complete the telecoming business, and to allow the telecoming business by the end of April.

The Defendant, together with F, by deceiving the victim as above, received KRW 50 million from the victim, namely, from the victim, who was affiliated with F, as down payment, and received KRW 200 million in total, such as receiving KRW 150 million as part payment at the above place on March 26, 2010 and receiving KRW 150 million as part payment.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement to I;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. Suspension of execution prescribed in Article 62 (1) of the Criminal Act (Article 62 of the Criminal Act: Imprisonment with prison labor for not less than 10 months nor more than 2 years but not more than 2 years and six months), such as the fact that the defendant is led to a crime and reflects against the defendant; the victim does not want the punishment of the defendant; the motive and circumstances leading to the crime of this case exist; and the defendant has no criminal records of the same kind and not less than imprisonment without prison labor; and

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