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(영문) 의정부지방법원 고양지원 2015.11.12 2015고단1482
사기
Text

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

Reasons

Punishment of the crime

Around April 2011, the Defendant made a false statement to the victim E at the D hotel coffee shop located in Seocho-gu Seoul Metropolitan Government, stating, “F vice president G gave B an electrical construction for the electrical construction for the ancillary site development project for the Jinsan-dong, Geumcheon-gu Seoul Metropolitan Government Army subordinate to F. The Defendant would give a subcontract to the Party on the face of the expenses incurred in obtaining the orders for the construction works.”

However, the fact is that the defendant did not agree to receive the above electrical construction from F G, and even if he received money from the victim, he did not have the intention or ability to give the subcontract.

Ultimately, the Defendant received KRW 4.5 million from the victim around April 6, 201, KRW 2.7 million around May 201, KRW 3.7 million around June 201, KRW 5 million around July 201, KRW 3.00 million around August 201, KRW 5 million around September 2011, KRW 23.2 million around September 6, 201, KRW 1,5 million cashier’s checks around KRW 6,000, KRW 5 million, KRW 1,5 million, KRW 1,5 million around August 14, 201, KRW 1, million cashier’s checks over KRW 1, million around August 14, 2013, and KRW 5,500,000 on the cashier’s checks over the total amount of KRW 3,500,000, KRW 500,000,00 for electrical construction.

Summary of Evidence

1. Legal statement of witness E;

1. Eth statement of the prosecutor's interrogation protocol of the accused;

1. Application of Acts and subordinate statutes on the transactions of new banks, such as copies of cashier's checks, copies, etc. of cashier's checks, transfer cards, etc., details of account transactions in new

1. Grounds for sentencing choice of imprisonment with prison labor, Article 347(1) of the Criminal Act applicable to the relevant criminal facts;

1. The range of recommended sentencing criteria is less than 100 million won, basic area: Imprisonment with prison labor for not more than six months nor more than one year and six months; and

2. The defendant's age, character and conduct, family environment, the means and method of committing the crime of this case, the scale of damage, and whether damage has been damaged or not, and other circumstances revealed in the pleadings of this case shall be taken into consideration, and the punishment shall be determined as ordered within the scope of the above recommended punishment;

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