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(영문) 서울중앙지방법원 2012.10.31 2012고단3690
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant around January 20, 200, at the D coffee shop located in Yongsan-gu Seoul Metropolitan Government around January 20, 2009, referred to as "to allow the victim E to operate a brin restaurant, such as an apartment house and a power plant construction site, etc. performed by the company, because he/she is well aware of the F and G president, etc., from that time until January 29, 2009, he/she received KRW 11,370,000 from the victim in cash from the golf driving range, etc. located in the above hotel, coffee shop and a power plant construction site, etc., from January 20, 2009 to February 28, 2010, and received KRW 98,540,000 from the victim to February 13, 2009, and received the above KRW 10,000 from the victim's account from around 10, 2010.

However, the defendant did not have the ability of the victim to operate the apartment cafeteria at the construction site of the apartment constructed by F and G and the construction site of the power plant.

Nevertheless, the defendant, in most cases, acquired a sum of 109,340,000 won from the victim by pretending to grant the victim the right to operate an apartment construction site and a power plant construction site.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of police statement of E and H;

1. A report on telephone statement hearing with a person in charge of G plant business;

1. Application of Acts and subordinate statutes to a statement of money and a receipt, a rectangular note of payment, and a copy of a deposit passbook (Evidence No. 72 pages or less);

1. The scope of the recommended sentence for sentencing under Article 347(1) of the Criminal Act, inclusive of the relevant provisions on criminal facts: The punishment shall be determined as ordered by the order, taking into consideration various factors such as the applicable law of the crime of this case, the scale of damage, the degree of damage recovery, the criminal records of the defendant, the age, character, conduct and environment of the defendant, etc. from one to four years;

It is so decided as per Disposition for the above reasons.

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