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(영문) 부산지방법원 동부지원 2016.11.29 2016고정805

사기

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 30, 2015, the Defendant was sentenced to eight months of imprisonment with prison labor at the Seoul Central District Court for occupational breach of trust, etc., and the judgment became final and conclusive on October 29, 2015.

The defendant is the representative director of the Jongno-gu Seoul Metropolitan Government Dispute Resolution Committee (hereinafter referred to as the "E") established for the purpose of real estate investment and development, etc. in 603.

F is a corporation established to carry out G sports and resort district development projects (H golf course and resort development projects) within the G development project zone located in Busan-gun, and I is a corporation established for F’s asset management, etc.

On April 16, 2010, the Defendant: (a) organized K to carry out a H golf course and set development project with the Busan Urban Corporation; (b) established on September 16, 2010; and (c) settled the initial project cost for the H golf course and set development project for E in accordance with the Shareholders’ Agreement. The Defendant, as an investor of the Republic of Korea, constituted K to carry out a H golf course and set development project with the Busan Urban Corporation; and (d) concluded a business agreement with the Busan Urban Corporation; and (e) settled the initial project cost for the H golf course and set development project for E.

Around December 29, 2011, the Defendant did not have agreed to pay L to L to Busan, because there was no benefit contract with L to be an adviser, and L to L to be paid. Although L to be a day-to-day one, the Defendant filed a false claim for labor cost of KRW 2,220,000, and its member received KRW 2,220,000 from L to the Japanese bank account under the name of E as labor cost around that time.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. The witness L and M respective legal statements (a relatively specific and consistent statement about the background, method, etc. of the crime committed in the judgment of the accused, thereby recognizing the credibility of each of the witness's statements);

1. Detailed statement on the payment of expenses for daily work and labor, the case of claiming the expenses before the I establishment, and details on the use of expenses;

1. Previous convictions in judgment: The previous convictions and the results of confirmation, and other Acts and subordinate statutes concerning the defendant; and