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(영문) 서울중앙지방법원 2021.02.25 2017고단8026
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On December 28, 2007, the Defendant was sentenced to one year of imprisonment with prison labor for forgery of securities at the Seoul Southern District Court on May 24, 2008, and completed the execution of the sentence at the Suwon Detention Center.

【Criminal facts” at the Defendant’s office located on May 13, 2010, the Defendant: (a) around the 5th floor in Jung-gu Seoul, Jung-gu, Seoul; and (b) the Victim C had the Victim C construct the Dongjak-gu, Seoul.

The early capital needs to be paid in 50 million won. Accordingly, C will be able to perform civil and structural construction works.

50 million won shall be refunded at the time of receiving the construction price.

“A false statement” was made.

However, the defendant did not have any intention or ability to subcontract the above reconstruction work to the victim because he did not have been awarded a contract for the above reconstruction work, and the above 50 million won was intended to be used as the expense of another construction site where the defendant was executed, and there was no intention or ability to return the above 50 million won to the victim.

Defendant deceiving the victim as above and transferred KRW 10 million from the victim on May 24, 2010 to the victim on or around May 24, 2010, and acquired KRW 40 million in total by remittance around May 28, 2010.

Summary of Evidence

1. Entry of a defendant in part in the third public trial records;

1. Entry of the witness C in the fifth public trial records, and entry of the witness E in the eight public trial records;

1. Each police statement made to F, G, and H;

1. A copy of each standard private construction contract, loan certificate, or passbook;

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal history and confinement status;

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

1. The fact that money acquired by the defendant for the reason of sentencing Article 35 of the Criminal Act for aggravated repeated crimes reaches a considerable amount and whose damage has not been recovered almost, and that the crime was committed without being aware of the period of repeated crimes, and the progress and progress of the investigation, the age of the defendant, sex, environment, relationship with the victim, motive for the crime.

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