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(영문) 서울서부지방법원 2014.07.11 2013고단3218
사기
Text

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

Reasons

Punishment of the crime

피고인은 2012. 1. 18.경 서울 강남구 E에 있는 F 카페에서 피해자 G에게 “내가 춘천시로부터 도로표지병 납품 및 설치 공사를 땄으며 그 내용은 도로표지병 50,000개 이상을 공급하여 달라는 것으로 2012. 2. 중순경에 총 10억 원 상당의 공사를 실시하여 2012. 2. 말까지 끝낼 수 있고, 공사가 끝나면 10억 원 상당의 공사대금 중 7.5%인 7,500만 원과 3억 원 상당의 공사 시공권을 줄 테니, 5,000만 원을 투자해 달라”라고 거짓말하였다.

However, in fact, the Defendant did not have any such contract for construction as Chuncheon and the Defendant did not have any intent or ability to distribute the proceeds of construction or to exercise the right to execute construction, even if the Defendant received investments from the victim.

Around January 18, 2012, the Defendant received KRW 10 million from the victim to the account under the name of H, the Defendant’s spouse, and received the total amount of KRW 48 million from January 18, 2012 to March 15, 2012, as indicated in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. A witness I and G's legal statement;

1. The statement G in the suspect examination protocol against the accused;

1. Application of Acts and subordinate statutes on the release of deposits;

1. The reason for sentencing of Article 347(1) of the Criminal Code of the pertinent Article on criminal facts [the scope of recommending punishment] and the reason for sentencing of Article 347(1) of the Criminal Code on the relevant criminal facts [the grounds for sentencing of Article 347(1) of the Criminal Code [the scope of recommending punishment] There is no basic area (6 to 100 million won) (6 to 100 million won)

However, there is no record that the defendant was punished for the same type of crime, the defendant seems to have carried out business activities against many local governments, etc. to order the installation of road signs, and the sentencing conditions shown in the records, such as the circumstances of this case, the age, character and conduct of the defendant, and the environment.

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