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(영문) 서울북부지방법원 2012.09.13 2011고단2363
사기
Text

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

Reasons

Punishment of the crime

On May 17, 2010, the Defendant purchased from the office B in the Dong-si, Chungcheongnam-si, the Foundation E, the land for the Foundation, and the land for the Foundation, and concluded a contract with G N N N N N N N N N N N N N N N N N N N N N N N N N N N N H to the order of this construction work by entering into a contract with G N N N N N N N N N N N N H to KRW 25 billion in the amount of 100,000 square meters. However, the Defendant concluded a contract with H N N N N N N N N N NN to the amount of KRW 40,000 won for the above civil works in the amount of KRW 170,00 per square year, from July 20, 2010.

However, the facts revealed that D did not purchase the above land from E as a foundation, and the defendant was aware of that fact, and G did not have received a request from D to perform the above civil engineering works, and if the defendant did not pay KRW 100 million by October 21, 2009 when entering into the contract with D representative I for the above civil engineering works, he did not pay KRW 100 million by the day on which the contract was concluded. Since Skman verified the content that the above contract was null and void on November 2009, he did not receive KRW 40 million from G, even if the defendant delivered it to G or did not have any intention or ability to cause the victim to perform the above civil engineering works.

Nevertheless, the Defendant, by deceiving the victim as above, was issued a cashier’s check of KRW 40 million from the victim’s seat, in other words, at the victim’s seat.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning C and I;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

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