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(영문) 의정부지방법원 고양지원 2017.08.18 2017고단641

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal record] The indictment does not contain the criminal records, etc. falling under the latter part of Article 37 of the Criminal Act, but even if it is recognized ex officio, it does not hinder the exercise of the defendant's right of defense and applies ex officio.

On December 28, 2011, the Defendant was sentenced to a suspended sentence of two years on January 5, 201, for a crime of violating the Labor Standards Act in the Goyang Branch of the District Court, and the said judgment became final and conclusive on January 5, 2012.

[2] Around December 24, 2010, the Defendant: (a) at the office of the Defendant’s management (State) located in Yongsan-gu, Yongsan-gu, Yongsan-gu; (b) the Defendant ordered the Victim E to undertake the construction work of creating the F in e.g., in order to make the project funds available to the Victim E; and (c) as the project funds are insufficient, the Defendant has borrowed KRW 130 million at the cost of carrying out the project; (d) the Defendant would pay the project funds up to June 30, 201; and (e) enter into a subcontract of civil engineering works in an amount of five billion won to G, a corporation that is under the management of the Party.

“A false representation was made.”

However, at the time, D) was in the state of entering into a design service contract with H with a private person (ju) with respect to the Franchising construction work, and (ju) D) D’s debt amount was approximately KRW 5 billion, and Defendant’s debt was approximately KRW 5 billion, and (ju) D’s wages were not paid to the employees, so even if the damages were incurred, it did not change the amount of money, or there was no intention or ability to reduce the subcontracting work for Franchising construction work to G.

Defendant deceiving the victim as above and transferred KRW 130 million to the Agricultural Cooperative Account in the name of the Defendant on or around December 27, 2010 from the date of the damage.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of a witness I;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Statement made by the prosecution against E;

1. Each police statement to J or K;

1. Investigation report (to hear statements by reference I.S.) and reply to a request for cooperation with an investigation (to refer to relevant data as to whether the L development project is implemented) 1.

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