사기등
A defendant shall be punished by imprisonment for not less than eight months.
Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.
The defendant is the actual operator of the "B" corporation, and the victim C is the representative of "D".
On October 19, 2015, the Defendant concluded a contract with the victim’s office located in Pyeongtaek-si E to perform a new warehouse construction work on the land of Pyeongtaek-si (the contract amount of KRW 80,400,000,000, intermediate payment of KRW 110,000,000, intermediate payment of KRW 100,000, and the remainder of KRW 100,400,000, and the remainder of KRW 100,40,000) with the victim, and made a false statement to the effect that “the victim will immediately commence the construction work and complete the construction work after three months.”
However, in fact, the Defendant was planning to use KRW 66,90,000 for the repayment of the Defendant’s existing obligation upon the receipt of the above construction cost, and there was no other construction site being executed at the time, and thus, there was no claim for the payment of the construction cost. Therefore, even if the Defendant received the payment of the construction cost from the victim,
Nevertheless, on October 21, 2015, the Defendant acquired 80,000,000 won as the contract deposit in the name of G bank account (H) in the name of B from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. A protocol of suspect examination of the police officer regarding I;
1. C’s statement of the police interrogation protocol against the defendant
1. Statement to C by the police;
1. Each investigation report (related to the attachment of a detailed statement of withdrawal and withdrawal transactions, hearing of a complainant C telephone statement, hearing of a J phone statement);
1. Application of the Acts and subordinate statutes governing the contract agreement, the certificate of transaction, the G bank account in the name of B, and the J-based enterprise bank account;
1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;
1. Article 62(1) of the Criminal Act provides that the defendant, who has been led to confession in this court, appears to repent of wrong facts, among the down payment that the defendant received from the victim, the defendant uses part of the down payment received from the victim for the instant construction, and the defendant wishes to punish the defendant by agreement with the victim.