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(영문) 서울남부지방법원 2014.04.17 2013고단3898

사기

Text

A defendant shall be punished by imprisonment for six months.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

The Defendant borrowed expenses necessary for the operation of the promotion committee from the victim G, the representative of the re-building promotion committee and the chairperson of the re-building promotion committee, around March 21, 2012, when the Defendant was working as the chairperson of the re-building promotion committee and borrowed expenses necessary for the operation of the promotion committee from the above office of the promotion committee office in Yeongdeungpo-gu Seoul Metropolitan Government E-building 707. The above fact was that the promotion committee decided to dissolve the promotion committee and withdraw offices around January 17, 2012 due to internal disputes between the Defendant and the promotion committee members, which are the chairperson of the re-building promotion committee, and the fact that the promotion of the re-building project is not normally carried out, is very important to the victim company that lends expenses necessary for the promotion committee on the premise that the re-building is selected as the execution agent, and it is assumed that the committee was normally operated from March 5, 200,000 won to the above victim's deposit account at the end of 1 million won on May 2, 2001.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, H and I;

1. Determination as to the defendant's assertion of minutes

1. The Defendant alleged that Drebuilding Promotion Committee (hereinafter “instant promotion committee”) was dismissed and operated normally until now, and thus, there was no fraudulent act by the victim, and the victim was also held on January 17, 2012 at the time of the loan of funds.