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(영문) 서울중앙지방법원 2014.07.04 2014고단912
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is the actual operator as the chairperson of corporation E, which mainly performs consulting services, etc. on expenses located in Gangnam-gu Seoul Metropolitan Government D.

On May 8, 2013, the Defendant, at the above company office, sent a false picture to the victim G, who operates F, a service business company F, such as cleaning, cleaning, and guarding, that the president of H services company, 50 million won, waiting in the side and waiting in the 63th place, and that the president of H services company, 63 buildings cleaning services contract, was concluded. The Defendant introduced the president of the Korea Commercial Group as the president of the Korea Commercial Group and the adviser of the Han Commercial Group as the advisor of the Han Commercial Group, and said two people were friendly.

However, the defendant did not have any authority related to 63 buildings cleaning services, and even if he did not receive money from the victim, he did not think that the defendant would be used for his personal purpose. However, if the 63 buildings cleaning services contract was concluded or the Cheongscop contract was not concluded, he did not have the intent or ability to immediately return the money received from the victim.

Nevertheless, the Defendant received 300 million won from the victim as the down payment for 63 buildings cleaning services.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement by the witness J;

1. Protocol of the police statement concerning G;

1. Application of Acts and subordinate statutes, such as a cash storage certificate and a memorandum of performance of obligations (No. 10, 11 of the evidence list);

1. Relevant Articles of the Criminal Act and Article 347(1) of the Criminal Act concerning the punishment, and the reasons for sentencing;

1. The scope of punishment by sentence: Imprisonment with prison labor for not more than ten years;

2. The recommended sentence on the sentencing criteria: One year of imprisonment - four years (the basic area among types of general fraud 2); and

3. Determination of sentence: The two-year period of imprisonment: The defendant's clear commission of fraud, and the nature and circumstances of the crime are very high, such as denying the criminal intent, while consistently denying the defendant's belief that the substance and status of the defendant believed I as the adviser of the Hanhwa Group.

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