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(영문) 서울동부지방법원 2016.08.09 2016고단902

사기

Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

The Defendant is the auditor of K Co., Ltd. (hereinafter “K”).

On August 19, 2014, the Defendant, introduced from L on August 19, 2014, the Seoul Songpa-gu Seoul District Construction Office 66 Hun-Ba Building 607 (State), is implementing the construction project for the development of the Korean-style Korean-style village with the NY 150,000 square meters in Namyang-do.

In order to ensure that the reduction of punishment for the above real estate will be made from September 15, 2014, if the construction is performed with the deposit of KRW 30 million.

“The purpose of “ was to make a false statement.”

However, at the time, K did not obtain consent from the O clan, the owner of the above real estate, and did not obtain permission for the relevant construction work and did not have any specific plan to secure funds. On January 22, 2014, K was under suspension of construction. Although it was ordered to subcontract the construction of the above real estate to P around January 22, 2014 and received KRW 30 million as a security deposit, the representative director was unable to carry out construction, and Q Q was finally and conclusively sentenced to a final judgment due to fraud, there was no intention or ability to subcontract the reduced construction work even if it received a security deposit from the damaged person.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the Gwangju Bank account (J) account in the name of the Defendant, KRW 15 million on August 19, 2014, KRW 10 million on August 22, 2014, KRW 50 million on September 4, 2014, and KRW 30 million on September 5, 2014.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the interrogation of the accused by the prosecution;

1. Suspect examination protocol for Q (including the part concerning the statement of the accused) by the prosecution;

1. The part concerning the accused and the M among the protocol of interrogation of suspects against L or R by the prosecution;

1. Application of Acts and subordinate statutes on private construction contracts;

1. The relevant legal provisions of the criminal facts and the grounds for sentencing of Article 347(1) of the Criminal Act for the choice of punishment [the scope of recommendation] [the scope of recommendation] general frauds of category 1 (less than KRW 100 million) and basic area (from June 1 to June 6) (the person subject to special sentencing].