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(영문) 서울중앙지방법원 2012.11.12 2012고정3397

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant is a person who has been operating the (State)C as an implementing company.

On September 14, 2010, the Defendant concluded a contract to allow the removal of obstacles to the new construction of “G” in the office of the company above the third floor of the Daegu Suwon-gu D Building, “If only 50 million won is lent, 50 million won can be leased, 25,000,000 won was remitted from the victim H around the 14th of the same month.”

However, the defendant did not have been selected as the PM company E, and even if the victim H was the representative, it was impossible to subcontract the removal work of obstacles to the new construction work of the G neighborhood living facilities.

Ultimately, the Defendant acquired money KRW 25,000,000 from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness H, J and K;

1. Each prosecutor's statement to H and J;

1. Statement of the police statement to K;

1. Application of the Acts and subordinate statutes as a copy of contract, a copy of account transfer, and a copy of GM-lease agreement;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Determination as to the assertion by the defendant and his/her defense counsel under Article 334(1) of the Criminal Procedure Act

1. The defendant is not guilty of deceiving the victim.

2. The following circumstances revealed by each of the above evidence, namely, (i) around September 2010, the Defendant subcontracted the removal of obstacles to the “G” to the victim, and (ii) around January 1, 201, determined the date of commencement as the date of commencement, and (iii) determined 1.5 times the input amount in the event that no commencement has been made until January 2, 2011; and (iv) concluded a contract including a special agreement (hereinafter “instant contract”); (iii) the construction works for the new construction of “G at the time of the conclusion of the instant contract was not designated as the commencement of the new construction works; and (v) the purchase of land.