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(영문) 인천지방법원 부천지원 2013.05.02 2013고단132

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is the representative director of D.

On January 31, 2008, the Defendant made a subcontract to the victim C, the representative director of the Gu, as the condition that he will pay the progress payment every month during the construction of the F Elderly Hospital in the amount of KRW 696 million among the new construction of the Daejeon-gu F Elderly Hospital, the Defendant would pay the amount of KRW 10,000,000 in cash. The Defendant would pay the amount of KRW 10,000,000 in the name of the State, KRW 10,000,000 in the face value, KRW 10,000,000 in the face value, KRW 10,000,000 in the name of the State, KRW 1,50,000 in the face value, KRW 1,000,000 in the face value, KRW 1,50,000 in the face value, KRW 30,000 in the name of a promissory note on August 1, 2008.

However, the Defendant, on November 2007, was performing the construction work by accepting D(D) which ordered the construction work of the above elderly hospital. However, the new construction work of the above elderly hospital, which was contracted by the owner H, did not agree to receive progress payment, but did not have any specific plan to raise funds necessary for the construction work, and even if it did not intend to perform the construction work, the Defendant did not have the ability to pay progress payment every month even if it did not have any ability to raise funds necessary for the construction work. However, even if the Defendant borrowed the promissorysory note from I, which is the representative director of the state, and received the discounted payment from the victim, and used it, even if it received the discounted payment from the owner

The Defendant, by deceiving the victim as such, received KRW 50 million from the victim to the new bank account in the name of the Defendant at that time.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness, I, J, or K's statement in whole or in part;

1. Some of the protocol of examination of the accused by the prosecution (including K substitute part);

1. Of the police suspect interrogation protocol against the defendant.