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(영문) 부산지방법원 동부지원 2018.11.29 2018고단1213

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 10, 2017, the Defendant is the representative director of the (ju) E, a real estate consulting company located in the Nam-gu Busan Metropolitan Government D1, and the said (ju) E entered into a contract with the F Housing Association Promotion Committee and the Busan Southern-gu Committee for the vicarious execution of duties for the construction of new housing association. The Defendant has promoted the said duties, and the victim G is a person who operates the FH as an advertising agency (ju).

around August 10, 2017, the Defendant: (a) within the public relations center of the above partnership, the Defendant had the reserved gold to be received from the trust company and the assets owned by the promotion committee itself.

It is expected that the payment will be settled normally at the end of each month on behalf of the Busan District Housing Association's apartment advertising agency.

"," and on the same day, a contract with the victim for advertisement agency was prepared.

However, in fact, the defendant was liable to pay the amount of 40 million won or more to the victim, and there was no special property. (State)E did not have any special property, and the victim did not properly recruit members at the time. Therefore, even if the victim claimed the service cost on behalf of the user, there was no particular method to prepare the above fund, and there was no intention or ability to pay the service cost normally to the victim.

As such, the Defendant did not pay advertising services equivalent to KRW 85,476,00 from August 19, 2017 to June 26, 2017, even though the Defendant had been provided with advertising services equivalent to KRW 85,476,00, such as placards, advertising vehicles, etc., by deceiving the victim as such, and acquired pecuniary benefits equivalent to the above amount.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspect of the police against J;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to the details of account transactions, such as filing of a complaint, an advertising contract, a written confirmation of delivery, the main text of the consultation on minutes and business affairs, a criminal investigation report (Attachment to Account

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

1. The grounds for sentencing under Article 62(1) of the Criminal Act are as follows.