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(영문) 서울서부지방법원 2017.09.28 2017고정167

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 24, 2014, the Defendant, as the representative director of C, entered into a service contract with the Promotion Committee for the Establishment of Housing Redevelopment and Improvement Projects of Housing in the D Innovation Promotion Zone, and the above partnership, and agreed to settle the cost of services within the scope of the budget bill of the inaugural general meeting.

In fact, the Defendant produced 12,060 copies of the public relations book of the above inaugural general meeting and used 12,50,000 won at its expense, but requested 17,750,000 won as if they were produced at around August 19, 2015 to the Development and Improvement Project Association of Housing in the Area for Promotion of the Victim D Renewal, and requested 17,750,000 won as the cost of production, thereby deceiving the victim association, and then deceiving the victim association by receiving the payment from the victim association to the national bank account (F) account in the name of E Co., Ltd. on September 14, 2015, and by deceiving the difference of 5,690,000 won.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of suspects of G to the prosecution;

1. A protocol concerning the examination of a suspect of the prosecution against H, I, the defendant, J, or K;

1. A certified copy of the decision (the defendant and his defense counsel made 1,800 copies of the promotional book of the inaugural general meeting and used 1,206,00 won at that expense, and submitted a written estimate to the effect that he received the payment as if he had used 1,775,00 won at that expense. However, the defendant and his defense counsel asserted to the effect that the defendant did not actually incur any damage to the victim's association, and that he did not have any intent to commit fraud by deception.

However, the following circumstances acknowledged by the evidence duly adopted and investigated by this court, that is, fraud, ① the delivery of property or the benefit of property, based on the defective intent caused by deceiving others.