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(영문) 광주지방법원 2016.11.16 2016고단3108
사기
Text

The punishment of the accused shall be determined by eight months of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

The defendant, around October 20, 2015, at the office of D Co., Ltd. operated by the defendant in Seo-gu, Seo-gu, Seo-gu, Gwangju, called "I have well known about the removal of the removal company" to "I have to complete the removal of the removal company at the expense of introduction, and it seems that I would like to receive the introduction fee from E and have the removal company completed the removal work." On Oct. 26, 2015, in order for E to first send KRW 50 million to the victim, "I will first send KRW 50 million at the expense of introduction to the victim, and then send KRW 50 million at the expense of the removal of the removal company to the victim, "I will first send KRW 50 million at the expense of the removal, five million at the expense of the removal, five million won at the expense of the removal company to the victim, and then send KRW 500,500,0000,000 to the victim about the same month."

However, the defendant could not have the removal work even if he received the introduction fee from the victim because of the lack of connection with the reconstruction of the main apartment in the two villages.

around October 26, 2015, the Defendant received KRW 10 million from the victim to the Gwangju Bank account in the name of the Defendant, and through E, transferred KRW 40 million to the Gwangju Bank account in the name of the Defendant.

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

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by the prosecution (including the E and G’s statement part, part of the protocol);

1. A copy of transfer certificate;

1. Application of Acts and subordinate statutes on a copy of passbook;

1. Relevant Article 347(1) and Article 344(1) of the Criminal Act concerning the crime, the choice of punishment, and the choice of imprisonment;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act;

1. The scope of recommendations according to the sentencing criteria;

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