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(영문) 서울북부지방법원 2016.02.17 2015고단2631
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From 2007 to 2013, the Defendant is a person who has engaged in real estate consulting business under the trade name of C Construction Co., Ltd.

The defendant from August 2009 to September 20 of the same year to the victim E (the age of 50 at that time) who is a student E (the age of 50 at that time) who was born from the Japanese colonial house located in Nowon-gu in Seoul Special Metropolitan City, Nowon-gu.

An association has been formed, and if the development is made, the amount would be 250,000,000 won, which would be two times the investment amount after three years.

It was false on several occasions that the work related to the construction of G is giving cash of KRW 500 million or G construction.

However, the facts are that Defendant did not have any relationship with the above F New Transportation Development, and there was no particular fact that the real estate development project was carried out, so it was difficult to make profits from the invested funds of the victimized party, and even if he did not receive investments because he did not have any work related to G construction, he did not have any intent or ability to make profits from the injured party.

Nevertheless, on September 20, 2009, the Defendant, by deceiving the victim as above in Nowon-gu, Seoul Special Metropolitan City H Building Law I, and by receiving the delivery of KRW 250 million from the victim under the above name.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness E and J's respective legal statements, and the witness K's partial legal statements;

1. Part of the protocol concerning the examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Application of Acts and subordinate statutes to a copy of a comparison table of bidding conditions for construction works at the time of redevelopment of F housing (including the part of defendant's pen);

1. Grounds for sentencing under Article 347 (1) of the Criminal Act (Selection of Imprisonment) of the relevant Article of the Criminal Act concerning the facts constituting an offense;

1. The scope of applicable sentences under law: Imprisonment for one month to ten years; and

2. Application of the sentencing guidelines (amended by July 1, 2015) [the scope of the recommended sentence] General Fraud: Type 2 (at least KRW 100 million, less than KRW 500 million) (one year to four years) basic area (no person subject to special sentencing];

3. Determination of sentence of this case

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