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(영문) 의정부지방법원 2014.07.04 2012고단2990

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant is a person engaged in construction business with C Co., Ltd.

On March 2007, the Defendant received KRW 12 million from the victim E’s house located in Gangnam-gu Seoul Metropolitan Government, through F, the overall director of the Defendant Company’s headquarters, the Defendant Company’s company’s contract for the new construction of a factory in the Kuwon-gun. As the construction cost falls short of the construction cost, the Defendant would pay the principal immediately after receiving the construction cost from G after the completion of the factory and pay KRW 3 per month interest. In other words, the Defendant received KRW 22 million from the trusted victim, and received KRW 12 million from June 24, 2008 by 4 times until June 24, 2008.

However, as the circumstances of the defendant company at the time, even if the construction price was paid due to the difficulty of the defendant company at the time, it was not a situation where the loan was paid properly, and around November 28, 2007, the defendant company delegated the right to work for the new G factory construction to H, the creditor of the defendant company, the creditor of the defendant company, the right to work for the new G factory, so the defendant company is not able to receive the construction price from G and even

Accordingly, the defendant acquired 12 million won from the victim through F for the purpose of borrowing money.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness F or I's legal statement;

1. Police and suspect interrogation protocol of the accused (including E statements);

1. Statement to E by the police;

1. Application of Acts and subordinate statutes on copies of bankbooks;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant, on the grounds of conviction and sentencing of Article 334(1) of the provisional payment order, borrowed KRW 100 million from the victim E at the time of the police investigation, and at the time of the investigation by the prosecution, when he receives construction payment from G after the completion of the new construction of the steel-gun Factory, he/she will pay the principal and profits and