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(영문) 수원지방법원 성남지원 2017.06.21 2017고단523

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

The defendant is the representative of B(State) which is a cleaning service company, and the victim C is the representative of D(State) which is a cleaning company of building outer walls.

1. On May 5, 2016, the Defendant made a false statement to the effect that “The Defendant was awarded the contract for the services of cleaning the building and outer walls of the NAF in Seoul Central Federation F in Jung-gu, Seoul, and the Defendant would pay the victim the cleaning cost of the cleaning services to the end of cleaning.”

However, in fact, even if the defendant was paid the cleaning service fee by the Agricultural Cooperative Central Association because he was in excess of his obligation due to his personal rehabilitation procedure, etc., he did not have any intention or ability to pay the service fee to the victim in time.

The defendant shall start from time to time from damage to the same year.

7. A cleaning service equivalent to KRW 19.8 million has been provided until November 1, 200, but did not pay the amount.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. On May 29, 2016, at the same place as indicated in paragraph 1 at around May 29, 2016, the Defendant: “The Defendant provided the Defendant with cleaning services of the outer wall of the building at the cost of rebates in KRW 1,00,000 to the person in charge of the agricultural cooperative,

I would like to think, and make a false statement to the effect that the 500,000 won is to be borne by each other.

However, even if the Defendant received money from the injured party, the Defendant did not have any intention or ability to use it as a rebates.

The Defendant received 50,000 won in cash from the victim, namely, the rebates.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. An investigation report (attached a G statement and a G telephone statement submitted by the complainants);

1. An investigation report (attached to a service contract agreement);

1. Investigation Report (Attachment to the Statement of Transactions);