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(영문) 수원지방법원 2017.08.29 2017고단3403

사기

Text

A defendant shall be punished by imprisonment for not less than eight 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

Criminal facts

1. On March 20, 2008, around March 20, 2008, the Defendant was guilty of fraud at the C office located in Seocho-gu Seoul Metropolitan Government (Seoul Seocho-gu) around March 20, 208, with the victim D.

The chairperson of the E Group may also introduce a large number of cargo distribution work due to friendship with the chairperson of the E Group.

A false statement was made to "to introduce cargo distribution work within one month on the face of lending KRW 30 million."

However, the defendant only intended to use the money for real estate investment and debt repayment from the injured party, and the injured party did not have the intent and ability to arrange the goods distribution business, and even if the injured party did not have any specific property and income at the time, he did not have the intent and ability to repay the money.

On March 20, 2008, the Defendant was transferred KRW 30 million to the corporate bank account in the name of the Defendant around March 20, 2008.

Accordingly, the defendant was given property by deceiving the victim.

2. On March 15, 2016, the Defendant would introduce the removal works, civil engineering works, etc. to the victim D at the O church parking lot located in Yeongdeungpo-gu Seoul Metropolitan Government F around March 15, 2016.

In order to do work, G shall be granted KRW 30 million as the introduction fee.

“A false statement” was made.

However, in fact, the defendant received money from the injured party for the purpose of using it as living expenses, etc., and did not have the intent and ability to allow the injured party to perform the removal work of the H redevelopment project by delivering the money to G as introduction expenses.

The Defendant received 30 million won a check from the injured party, namely, the check.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or G;

1. Cash storage certificates, photographs of checks, account transfers records, replies to requests for investigation cooperation, and replies to requests for cooperation on details of each financial transaction.