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(영문) 서울중앙지방법원 2016.06.16 2016고단792
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On July 3, 2015, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for computers and other use of computers at Seoul Southern District Court on July 11, 2015, and the judgment became final and conclusive on July 11, 2015.

[2] The Defendant, as the object of a reconstruction project, received a letter of commitment from the occupant merchants of the “E building” and delivered the letter of commitment to the said building to I Co., Ltd. (hereinafter “instant company”) and received fees therefrom.

Meanwhile, the victim J received KRW 150,000,000 from the said company in accordance with the said rebuilding plan as a person who operated a restaurant in the above building underground, and received KRW 50,000 from the said company, and received KRW 50,000 from the said company around July 12, 2013, and the remainder KRW 100,000,000 from the said company around November 20, 2013.

Accordingly, the Defendant, around July 12, 2013, in the “L” for the operation of the above building underground victim in K located in the Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City around July 12, 2013, means that the Defendant would delay the life expectancy to March 25, 2014.

In order to postpone the order of surrender, 50,000 won which was paid in advance by I out of the redevelopment compensation shall be returned again.

It shall be returned again after the surrender is completed.

“.....”

However, in fact, the defendant thought that he would receive money from the victim from the beginning to use it as a business fund for urban environmental improvement projects promoted by the defendant, and there was no request from the company of this case to receive the advance payment from the company of this case.

As above, the Defendant: (a) by deceiving the victim; (b) received KRW 9 million from the victim on July 12, 2013; (c) received remittance of KRW 5.45 million on the same day; (d) received KRW 20 million on September 4, 2013; and (e) received KRW 15 million on October 2, 2013; and (e) received KRW 49.45 million on the part of the victim; and (e) acquired the money by deception, respectively.

Summary of Evidence

【Crimes other than Criminal Records】

1. The defendant's statement in court;

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