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(영문) 인천지방법원 부천지원 2016.04.08 2016고단454
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 31, 2007, the Defendant made a false statement to the victim C, stating that “The Defendant would order the removal of 3 construction sections in Yong-do in an amount equivalent to 16 billion won ordered by the Korea Land Corporation's Head Office in Incheon District Headquarters of the Korea Land Corporation.” On March 2008, the Defendant loaned KRW 200 million and paid 200 million to the principal at the time of the commencement of the removal work on around March 2008, and will additionally make 80 million won over 3 times.” On December 31, 2007, the Defendant made a false statement to the victim C, a notary public of Jongno-gu Seoul Metropolitan Government DD building 304, who is an agent of the victim, at the law firm E office, that “Y-do 3 construction works was ordered to be ordered to be ordered.”

However, in fact, the defendant did not have the ability to receive orders for the removal of 3 construction sections, and when he did not receive orders for the removal, he did not have any economic ability to return 200 million won.

The Defendant received from the injured party a total of 20 million won of the check 17 and 30 million won of the check in front of the injured party on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of examination of the suspect against each prosecutor of the defendant (including statements ofC and G);

1. Each police statement with respect to C and F;

1. A report on investigation (teleline investigation) and a report on investigation (LH public works questioning);

1. Application of Acts and subordinate statutes to the defendant's letter of authentication, inquiry of the transaction ledger by the check number in front of him/her;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The reason for sentencing under Article 62(1) of the suspended sentence of the Criminal Act [the scope of the recommended sentence] general fraud [in the case where the punishment amount is not more than 20 million won, the amount acquired by the defendant is less than 20 million won, but the defendant is against his mistake, the defendant does not want the punishment of the defendant by agreement with the victim, and the defendant does not want the victim.

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