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(영문) 서울중앙지방법원 2017.05.24 2016고단6140 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 201, the Defendant and B did not perform a construction work for an exclusive use of the stable amounting to KRW 250 billion in the ceiling, as well as there was no special property or monthly income. Therefore, even if the Defendant and B did not have any intent or ability to repay the amount of money by being provided by the victim C (the age of 45) or lending money on the pretext of expenses.

Nevertheless, around October 5, 2011, the Defendant and B are proceeding with the victim’s “E main store” in the “E branch store located in Gangnam-gu Seoul Metropolitan Government D’s operation of the victim.” The Defendant and B are proceeding with the victim’s “E branch store construction project with an amount equivalent to KRW 250 billion from Acheonsan to Asan, but there are many people in the future.

On the other hand, she was provided with alcohol and alcohol equivalent to 458,000 won in total at the market price from the injured party by making a false statement of "I request to pay her credit to pay her credit".

In addition, from around that time to January 16, 2012, Defendants were provided with alcohol and alcohol equivalent to KRW 19,938,000 in total at 38 times in the market price, as shown in the list of offenses committed in the attached Table, and received a remittance or delivery of KRW 1,548,000 in total on 14 occasions as the borrowed money.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Any statement made in compliance with the joint defendant B's statement in the one-time trial record;

1. A protocol concerning the examination of suspect concerning joint accused B by the prosecution;

1. Statement made by the police against C;

1. Written complaint (No. 21 once a year) prepared by C;

1. Application of Acts and subordinate statutes, such as the attempted account book (22) and a copy of the passbook (23) and the price list of the business place (24) and a copy of the name tag of the suspect (25) and letters sent by the complainant to the suspect (26) and the details of letters sent by the complainant to the suspect (26).

1. Grounds for sentencing prescribed in Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act (referring to the choice of imprisonment and comprehensive punishment) concerning the crime;

1. Application of the sentencing criteria [the applicable range of punishment]: Imprisonment of one month to ten years [the scope of the recommended punishment] general fraud area (6 months to one year and six months).

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