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(영문) 의정부지방법원 고양지원 2015.04.10 2014고단1837
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On March 10, 2012, the Defendant stated that “The above victim had been detained and detained in his own prisons” at the coffee shop located in the Goyang-gu Port Dong-dong, Seoyang-gu, Seoyang-gu. It is necessary to design the cost of constructing an officetel on the nine parcels outside the Papju C, which had been running a construction project of the main complex building before the example. The Defendant stated that “The sales contract for an officetel, which is equivalent to KRW 100 million, will be made as a substitute for the said victim, including before the loan of KRW 30 million with the design cost, to the extent that it had been damaged.”

However, in fact, even if the victim borrowed money from the victim, he did not have the intent to use it as design cost, but did not have the intention to use it as design cost. There was no agreement or consent necessary for new construction with the owner of an officetel, and there was no fact that the owner obtained permission for the construction of an officetel, and there was no intention or ability to reduce the sales contract for an officetel into substitute for the victim.

On April 13, 2012, the Defendant, by deceiving the victim as such, and deceiving him/her from the victim, up to 10 million won by means of a passbook in the name of the defendant in the single bank under the name of the victim, and the same year.

4. 20. Receipt of remittance of 22 million won in the same manner, etc.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including substitution of the suspect);

1. Details of passbook transactions;

1. Details of account transactions;

1. A loan certificate;

1. Application of Acts and subordinate statutes of the Implementation Statement;

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

1. Reasons for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [Scope of Recommendation]: General fraud (less than KRW 100,000) and the basic area of category 1 (less than KRW 100,00) (6-1,00) [decision of sentence] [decision of sentence] are not much significant amount of damage and the fact that

However, the victim is also partly responsible for the occurrence and expansion of damage by lending money to the defendant with a trust.

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