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(영문) 서울북부지방법원 2012.09.06 2010고단2926
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

The defendant and N had no intention or ability to allow the victim Q to occupy a pharmacy in the building constructed in the Seoul Special Metropolitan City Gwangjin-gu P, a school foundation's Ouniversity near the Ouniversity hospital.

Nevertheless, the Defendant conspired with N, on December 2006, concluded that “R operated by the victim in Dongdaemun-gu Seoul Dongdaemun-gu, Seoul, would be a fluorous gap with N, the president of N, or the head of the construction headquarters of a new building, etc. N, who is working in the president of N, the president of N, or the head of the construction headquarters, etc., of N, leading the victim to a fluorous relationship with the president of N, the president of N, or the head of the construction headquarters, etc., leading the victim to occupying a pharmacy in the building under construction adjacent to the O university hospital, thereby changing the capital

The Defendant, in collusion with N, by deceiving the victim as such, received five copies of the number of units per cause per share, which is the sum of KRW 10 million on January 11, 2007 and KRW 130 million on January 30 of the same month from the victim through S.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses Q in the third trial records;

1. Statement made by S in the fifth trial records;

1. Application of Acts and subordinate statutes to a copy of the number of units;

1. Relevant Articles 347(1) and 30 of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (including the fact that the current amount of outstanding reimbursement is 30 million won by endeavoring for the reimbursement of damages, and

1. Social service order under Article 62-2 of the Criminal Act;

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