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(영문) 창원지방법원 밀양지원 2016.11.10 2015고단145

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

Reasons

Criminal facts

Defendant

A was sentenced to ten months of imprisonment for fraud at the Seoul Western District Court on May 9, 2013, and the execution of the sentence was terminated by the Jinju Prison on November 8, 2013. Defendant B, on December 17, 2014, is obvious that “The August 28, 2014” in the facts charged, is a clerical error.

Busan District Court sentenced two years of suspension of the execution to six months of imprisonment for fraud, which became final and conclusive on December 25, 2014.

On March 31, 2014, the Defendants concluded that “I would make the contract for removal of the building on the said site to H if 30 million won is paid to us as activity expenses, with the construction work for the elderly welfare room in the area of J Park in J Park in J Park in Busan, J Park in J Park in Busan, and H would make it possible for H to enter into the contract for removal of the building on the said site.”

However, in fact, the Defendants merely expressed that they would have the right to transfer the construction cost of KRW 10 billion from K to K, and since they failed to raise the above funds at the time, they did not have the intent or ability to conclude the contract for the civil works with the welfare room for the elderly.

Nevertheless, on March 31, 2014, the Defendants received KRW 3 million from the Victim G to the Agricultural Cooperative Account in the name of Defendant B’s name designated as activity expenses. On April 2, 2014, the Defendants received KRW 10 million from the post office account in the name of Defendant A to the post office account in the name of Defendant A, and transferred KRW 10 million on April 15, 2014 to the post office account in the name of Defendant A’s name designated by Defendant A, and received KRW 50 million on April 16, 2014.

As a result, the Defendants conspired to deceive the victim G and received a total of KRW 23.5 million from the victim G.

Summary of Evidence

1. Defendant A's statement in the seventh trial records;

1. The statements of witnesses G and K in the seventh trial records;

1. Defendant B’s suspect interrogation protocol prepared by the prosecution on April 22, 2015

1. A passbook;