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(영문) 서울중앙지방법원 2012.11.09 2012고단5407
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 2009, the Defendant made a false statement to the victim in F corporation office operated by the victim E in the fourth floor of the Seocho-gu Seoul Metropolitan Government D D Building that “I would know about senior public officials in Cheongdae, who would be entitled to receive the landscaping construction work of Suwon Won Won by delivering the money to the senior public officials in Cheongdaedae. When the construction owner becomes aware, I would like to make the victim be able to receive the landscaping construction work of Suwon Won Won Won.”

However, in fact, since the defendant received money from the victim and thought that he will be used for personal purposes, such as the defendant's business fund, etc., the defendant did not have the intention or ability to deliver KRW 200 million to the public official in the Blue House to receive landscaping construction work, and there was no intention or ability to return the money received from the victim because he had been in bad credit due to accumulated debts at the time.

On September 10, 2009, the Defendant, by deceiving the victim as above, received cash of KRW 200 million from the victim at the parking lot of the National University Hospital in Jyang-dong, Seoul Special Metropolitan City on September 15, 2009.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the accused by the prosecution (including the part concerning the record of the E statement);

1. Statement by the prosecution concerning E (including the part concerning theG statement);

1. Application of each police protocol of statement to E and G;

1. Relevant Article 347 (1) of the Criminal Act and Article 347 (1) of the Criminal Act (Fraud and Selection of Imprisonment);

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Article 62-2 of the Social Service Order Criminal Act [decision of type] Fraud, general fraud, type 2 (at least KRW 100 million, less than KRW 500 million) - None of special persons: No person under special mitigation: Imprisonment [the scope of recommending punishment] [the scope of recommending punishment] October-2, and June (the area of mitigation) (the decision of sentence] of this case shall be 200 million won.

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