beta
(영문) 대구지방법원 2015.01.16 2014고단3035

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 2012, the Defendant is a person who has performed on-site management by performing the work from the State to the head of the headquarters.

Around 16:00 on October 1, 2013, the Defendant entered into a standard construction contract with the contractor(s) and the contractor(s)C in relation to the victim E(s) in the first floor conference room under the Seocho-gu Seoul Metropolitan Government D Building.

As to the above construction, re-subcontracts will be made to the Native Communications with the cost of construction KRW 3.85 billion.5 billion.

(i)To return 50 million won when the C preferentially lends 50 million won as required to financing in connection with other projects, if it later pays the down payment;

“........”

However, in fact, the standard contract for the construction work entered into between the State and the State and the State and the State and the State around August 2013 was reversed, and the Defendant had no intention or ability to complete payment even if he/she received money from the victim because he/she had been able to use the said KRW 50 million for the repayment of his/her personal obligation, not for the obligation of the company.

Accordingly, the Defendant, by deceiving the victim as such, received 50 million won from the victim to the national bank account in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol concerning the examination of some police officers in relation to G and H;

1. Each police statement to E, I, and J;

1. Application of Acts and subordinate statutes to criminal complaints, copies of certified transcript of corporate register, copies of each standard subcontract agreement of construction works, copies of receipts, written estimates, copies of business agreement, written estimates, business registration certificates, copies of certificates of seal imprint of each corporation, copies of fact confirmation, copies of borrowed certificates, and investigative reports ( telephone conversations with K for

1. Article 347 (1) of the Criminal Act applicable to the crime;

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