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(영문) 울산지방법원 2018.02.08 2017고단2255

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Criminal facts

The Defendant, from March 2015 to July 2016, at the time when the Victim C constructed an “E” penture on the ground of the Gyeongbuk racing, was the person who overall managed the said penture construction work.

On October 16, 2015, the Defendant, before the victim’s house located in Ulsan-gu F, Ulsan-gu, Seoul-do, used the victim’s house “It is necessary to discriminate against another gate, so it is difficult to seek.”

Before commencing the penta Corporation, I would like to purchase the Yari Corporation in advance before commencing the penta Corporation, and would like to make a false statement of money in terms of flag and value.

However, in fact, at the time, the Defendant only intended to receive money from the injured party under the pretext of separation and price, to use it for personal purposes, such as the scrap metal business, and there was no intention to purchase it in advance.

Accordingly, the Defendant, by deceiving the victim as above, received 70 million won from the victim to the agricultural bank account in the name of G under the name of the Defendant for the same day and for the same price.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the examination of the suspect against the defendant (including a substitute part);

1. A summary of the details of the prohibition of construction works, a copy of the standard contract for construction works, a record of recording, a copy of payment note, a copy of the passbook, the current status of design deposits, confirmation letter, deposit sheet, deposit statement, statement of passbook transaction, construction-type subcontract contract, standard subcontract contract, construction work-type contract, copy of the set of contract for construction works, a tax invoice, a tax invoice,

1. Each investigation report conviction argues that the Defendant did not receive KRW 70 million from the victim's purchase of the solar mountain, not from the victim's purchase of the general material purchase cost in advance, and used it for personal purposes, apart from the establishment of embezzlement, the Defendant did not commit the crime of defraudation.

However, according to the above evidence, the following circumstances, i.e., the victim, from the investigative agency to this court, are as follows.