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(영문) 대전지방법원 2012.12.07 2012고단1932

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[2012 high group 1932] On September 19, 2011, the Defendant falsely stated that “four multi-family buildings shall be affixed to the victim D at the Jung-gu Seoul Metropolitan Government Office of Management of the Seoul Apartment, and the total construction cost of KRW 32 million shall be paid within 10 days after the completion of construction work.”

However, in fact, the defendant had no intention or ability to pay the above construction cost unless he/she receives it, since he/she already lent 25 million won to E five times between March 14, 2011 and September 16, 201.

As above, the Defendant, by deceiving the victim and doing construction, had the C Apartment Management Office receive financial benefits equivalent to KRW 27 million of the construction cost.

[2012dan2068] The Defendant, as the director of the Jung-gu Daejeon Metropolitan Apartment Management Office from August 26, 1987 to May 11, 2012, was in charge of the storage and management of the management expenses of apartment residents.

On March 14, 2011, the Defendant voluntarily withdraws 9.7 million won from the apartment management fee account (FF) for apartment management, which was kept in custody for the victim C apartment management office, from the above management office on March 14, 201, and the same year.

5.16.5,022,770 won, and the same year;

6. 15.4 million won, and the same year.

7. 15.4 million won, and the same year.

9. On November 23, 199, a total of KRW 28,522,770 was withdrawn on six occasions, such as withdrawal of KRW 28,52,770,00 from the same year, and embezzled it for personal purposes, such as granting it to E in the name of borrowed money.

Summary of Evidence

[2012 Highest 1932]

1. Partial statement of the defendant;

1. Part of the suspect interrogation protocol of the defendant against the defendant and the police interrogation protocol of each prosecutor E

1. Statement made to D by the police;

1. A complaint, a contract for construction works, a statement of transactions of passbooks, preparatory documents, etc. and a notice of management expenses, etc.;