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(영문) 의정부지방법원 고양지원 2015.12.18 2015고단189

사기

Text

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

Reasons

Punishment of the crime

On December 2, 2013, the Defendant concluded that, “D” restaurants located in Dongdong-gu Seoul Special Metropolitan City (hereinafter “D”), the victim F, who was introduced from Dongdong General Construction Co., Ltd. (hereinafter “Seoul Special Metropolitan City”) to the Defendant, “G he/she is well aware of, and is well aware of, the inside and outside of the Republic of Korea with new Dong General Construction Co., Ltd., public prosecutor’s office, and the Fair Trade Commission, and notified B of the bid price at the new Dong General Construction Co., Ltd. (hereinafter “Seoul Special Metropolitan City”) of all the construction works. The reason is that, if the money is urgently needed, the Defendant would be repaid by March 2014 and would be able to operate dump trucks trucks at the construction site by being awarded a new construction contract with expenses to the new construction company at the new construction site.”

However, in fact, the Defendant did not have any intent or ability to repay money from the victim, even if he borrowed money from the victim, because it was economically difficult for the Defendant at the time to pay monthly salary, and there was no intention or ability to make a new construction contract from the new Eastdong Construction Co., Ltd., and there was no uncertainty as to whether the Defendant could receive a new construction contract.

On December 16, 2013, the Defendant, by deceiving the victim as such, received KRW 98 million from the victim to the account in the name of the Defendant under the name of the Defendant for the purpose of borrowing money.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and E;

1. A written confirmation of details of transactions, construction specifications of military units, recording records, subcontract agreements for construction works, copies of passbooks and passbooks, records of payment of bankbooks, records of payment by field, records of payments by field, records of third obligor status, copies of contracts by field, records of H recording, and records of records;

1. The defendant and his defense counsel may receive a contract for all of the construction works of the new East Asian Construction Company by informing the defendant of the bid price during the deception stated in the indictment;