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(영문) 춘천지방법원 강릉지원 2018.06.01 2017고단293
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On November 14, 2012, the Defendant was sentenced to four months of imprisonment for embezzlement at the Incheon District Court, and the enforcement of the sentence was terminated on January 3, 2013 at the Incheon Detention House.

On July 24, 2015, the Defendant entered into a te office operated by the victim C in Gangwon-gun, Gangwon-gun, with the victim, and entered into a tethy construction contract for the construction of an office building in the non-party E and the non-party E in the first place, and the victim “The initial capital is required before the construction work is performed, and only KRW 10 million is loaned. The Defendant may begin the construction work within one month, and the commencement of the construction work shall promptly obtain a bank loan.

“The purpose of “ was to make a false statement.”

However, as the Defendant did not have any property at the time and did not have any economic difficulty, it was thought that he would use it for the repayment of personal debt. At the time, the construction of the above officetels was not supported by the specific construction commencement plan, so there was no intention or ability to repay it as agreed.

The Defendant, as above, received KRW 10 million from the victim, by deceiving the victim and remitting the amount of KRW 10 million to the Saemaul Treasury account under the name of the Defendant on the same day from the victim, etc., until September 1, 2015, the Defendant was transferred KRW 21 million in total from the victim on three occasions, such as the statement in the list of crimes in attached Form.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against C;

1. A copy of a private contract for construction works, each loan certificate, and each passbook;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports (verification of suspect A repeated crimes) - each judgment, summary information of the case, and application of Acts and subordinate statutes of the current status of acceptance

1. Article 347 (1) of the Criminal Act comprehensively with respect to the facts constituting an offense;

1. The Defendant’s age, sex, environment, health conditions, circumstances leading to the crime, means, and consequence during the period of sentencing Article 35 of the Criminal Act for aggravated repeated crimes. The Defendant committed the instant crime during the period of repeated crimes, and did not repay the damage, and other circumstances after the crime.

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