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(영문) 의정부지방법원 2016.06.30 2015고정1586

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 10, 2012, the Defendant requires construction costs to take charge of the removal of buildings in Gwangju Northern-gu F, and to the victim E at the D restaurant located in Young-gun C, Nam-gu, Seoul, and the victim E.

It was said that large profits are divided between B and B, and that other projects are continuing together.

However, in fact, the above removal corporation was proceeding in G other than the defendant, and even if the defendant did not have any authority to receive money from the injured party under the above name, it did not meet the business funds necessary for the purchase of steel and made a false statement because there was no intention or ability to pay profits from the construction.

Ultimately, the Defendant, by deceiving the victim as above, received a remittance of KRW 9 million from the injured party on the same day.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Legal statement of witness E;

1. Some of the protocol concerning the examination of the suspect against the defendant;

1. The defendant and his defense counsel asserted that the defendant used the amount of KRW 9 million for the purchase of steel products, not for the removal corporation, and the victim was aware of this, so there was no intention to commit the crime of deception and fraud.

On January 10, 2012, the following circumstances acknowledged by the evidence of the judgment, namely, the victim placed the site of the removal of the building located in Gwangju North-gu, Gwangju, with the Defendant, and received a proposal from the Defendant to divide the profits from the removal of the building from the Defendant to the removal of the building. On February 2012, 2012, the victim went to the above site, and the other company, other than the Defendant, was proceeding with the removal of the building.

The defendant stated that the above 9 million won was used for the purpose of the removal business of the building as above, but the above 9 million won was used for the purpose of the purchase of the steel in order to purchase and resell the steel with no prior permission from the injured party immediately thereafter.