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(영문) 수원지방법원 안산지원 2015.02.13 2014고단256

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is the actual operator of Geumcheon-gu Seoul Metropolitan Government E Co., Ltd.

On May 3, 2011, the Defendant: (a) at the office of the Victim G Co., Ltd. located in Suwon-si, Suwon-si; (b) “The Defendant’s representative director of the victim’s housing site development site in G, the Samsung Heavy Industries Co., Ltd., Ltd. has subcontracted electrical construction among the infrastructure construction works, and (c) started construction works on the part of Samsung Heavy Industries Co., Ltd., Ltd., on the basis of internal force; and (d) the period of subcontracting for the said foundation construction works; and (e) on the commencement of construction works, the Defendant would make it possible for Samsung Heavy Industries Co., Ltd., Ltd., to re-subcontract electrical construction from Hanwon-do Co., Ltd., Ltd..., Ltd..., which, after re-subcontracting, would re-subcontract the electrical construction works with the amount of KRW 150 million.

However, in fact, the progress of the project of the Housing Site Development Association of the Kimhae-Anncheon-do Housing Site Development Association has not passed since it was only a stage of internal review to receive the order of infrastructure construction works, and the Samsung Heavy Industries, which was introduced from the I, was merely a stage of internal review to obtain the order of infrastructure construction works, and thus, the conclusion of the contract and the commencement of the contract are unclear. Thus, even if the defendant receives money from the victim as a security, there was no intention or ability to allow the victim to re-subcontract electrical construction.

Around May 4, 2011, the Defendant, by deceiving H, received from the victim the transfer of KRW 165 million (including value-added tax of KRW 15 million) to a corporate bank account in the name of E, a corporate bank account in the name of E, a stock company.

Summary of Evidence

1. Part of the defendant's legal statement (referring to the same description as the facts of crime and the part of the person who receives money);

1. Each legal statement of the witness H and J;

1. Statement to the Prosecutor's Office;

1. The police statement of H. H.