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(영문) 서울동부지방법원 2017.08.08 2016고단1508

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On April 16, 2008, the Defendant, at the C Office of Pyeongtaek-si Operation Co., Ltd., Ltd., the Defendant received money from the victim D to use it for his own business, and thus did not have the intent or ability to receive a subcontract for the punishment, or to return the money, the Defendant would have the victim receive a subcontract for approximately KRW 80,000 of the forest land in Chungcheongnam-gun E, Chungcheongnam-gun, and KRW 5,500 per square year.

A request for KRW 20 million shall be made as the contract deposit for a wooden construction project and the contract deposit. If a subcontract is not made until May 20, 2008, it shall be refunded KRW 20 million.

“A false statement” was made.

The defendant deceivings the victim as above and acquired the amount of KRW 20 million through the account in the name of the above company from the victim on the same day.

Summary of Evidence

1. Statement of the defendant in the first trial record;

1. A protocol concerning the interrogation of suspect with respect to F;

1. Statement made by the police against D;

1. Application of D’s Acts and subordinate statutes on the complaint;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;