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(영문) 서울중앙지방법원 2013.05.09 2013고단553
사기
Text

A defendant shall be punished by imprisonment for six months.

The defendant shall pay 25,00,000 won to an applicant for compensation.

This compensation order.

Reasons

Punishment of the crime

On February 25, 2011, the Defendant, Co-Defendant D (hereinafter referred to as “D”) stated that “A victim C, introduced from the network G at the first floor of the Songpa-gu Seoul E hall, Songpa-gu, Seoul, would transfer the operating right to operate the above restaurant for five years if it takes place with the premium in order for D to take over the premises restaurant used by the shopping mall employees on the H9 floor.”

However, fact was not a situation in which D could take over the above cafeteria, and even if the defendant and D received the above money, they did not have the intent or ability to transfer the right to operate the cafeteria to the victim.

Defendant and D received 20 million won from the injured party to the Nonghyup Bank account (I) in the name of the same day as the down payment, and 30 million won from March 4, 201 to the said account, respectively, on the same day.

As a result, the defendant and D conspireds to deceiving the victim, thereby deceiving 50 million won in total.

Summary of Evidence

1. The legal statement of the defendant and D;

1. Part C of the second examination protocol of the suspect suspect against the defendant or D;

1. The current status of the unit price for promissory notes, the employee restaurant, the operation proposal for H employee restaurant, a copy of the receipt, and a certificate of transfer;

1. Application of Acts and subordinate statutes of each investigation report (e-mail, J currency);

1. Article 347(1) and Article 30 of the Criminal Act; the choice of imprisonment with labor for the crime;

1. Articles 25 (1), 31 (1) and (2) of the Act on Special Cases concerning Expedition, etc. of Lawsuit for Compensation Orders;

1. Reasons for sentencing of Article 31(3) of the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings Concerning the Pronouncement of Provisional Execution [Determination of Punishment] The basic area of punishment below KRW 100 million [the scope of recommendation] [the scope of punishment] 6 months] - one year and six months [the decision of sentence] : The defendant made efforts to recover damage; some damage recovery was made by paying twenty-five million won to the defendant; the defendant and D did not have to take over a cafeteria.

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