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(영문) 서울동부지방법원 2016.06.30 2015고단2753
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is the vice president of D Co., Ltd. (the vice president of D Co., Ltd.) located in the first floor of the Gangnam-gu Seoul Metropolitan building in Seoul, and the victim E requested D Co., Ltd. to perform the interior interior interior interior interior interior interior interior interior interior interior interior management of the second floor of the F Co., Ltd. in Seoul Special Metropolitan City, for KRW 100 million and paid KRW 20 million as contract deposit.

In D office around April 16, 2011, the Defendant completed the Human Rights Corporation without receiving any balance from the Defendant’s profits by investing the amount of KRW 55 million (55,00,000 in the part payment of the Human Rights Corporation) to the Defendant at D office around D office around D, 201.

“The phrase “ was false.”

However, even if the defendant receives an intermediate payment from the injured party in advance, he did not have any intent or ability to take profits by investing in other real estate or to complete the interior work requested by the injured party.

The defendant deceivings the victim as above, and was transferred from the victim to the account in the name of the defendant on April 16, 201, the sum of KRW 15 million under the name of intermediate payment, and KRW 50 million under the same name as the same account around the 23th of the same month.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (1) of the Criminal Act concerning the selection of punishment, and reasons for sentencing of imprisonment;

1. Scope of the recommended punishment on the sentencing criteria: Imprisonment with prison labor for up to six months and up to one year and June, the basic area (up to one year and six months) of Class 1 (up to one year and six months) - None of the persons subject to special sentencing:

2. The Defendant, who was sentenced to a sentence, did not completely recover from the victim E by deceiving KRW 55 million from the victim E, and the possibility of future recovery of damage seems to be low.

The defendant has been punished for the same crime of fraud two times, and the defendant has also been punished for the same crime of fraud.

In this case, even if the court sent a summons to several times, the attitude of the trial is bad, such as failure to attend the trial.

Taking into account these circumstances.

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