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(영문) 서울동부지방법원 2013.08.14 2013고정1311

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

B A around February 1, 2011, the project was subcontracted by C with the primary project for the civil works and construction works on access roads to the D Building in Gyeonggi-si.

E On September 201, 201, on the condition that 3 million won is lent as the reserve fund for financing loans for the progress of the construction project from the early policeman B, E was asked to introduce and request a person to accept a subcontract for part of the construction project, which was received from others as a subcontract for the construction project and received money from others as well as the Defendant.

Around September 9, 2011, the Defendant and E introduced the victim H to E at the (State)G office located in the Gyeonggi-si branch of the Gyeonggi-si branch of the Gyeonggi-si. Around September 9, 201, the Defendant and E made a false statement that “A victim was delegated with the authority from B concerning the public works and construction works on access roads to D buildings at the Gyeonggi-si branch of the Gyeonggi-si branch of the Seoul branch of the Seoul branch of the Seoul branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Dong branch of the Gu.”

However, even if the above money is paid, the defendant and E merely thought that it will be used for the purpose of personal debt repayment, etc., and there was no intention or ability to pay the above money in time with subcontracting or financing loans.

In collusion with the defendant, the defendant and E received 13 million won from the victim to the head of the Tong in the name of the defendant, deceiving him/her as such, and remitted 13 million won under the name of the defendant to the head of the Tong in the name of the defendant. Of them, E received the amount equivalent to eight million won, and the defendant was issued five million won.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement of H;

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant provisions of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so ordered as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.