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(영문) 서울중앙지방법원 2016.06.29 2015고정1828

사기

Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 3, 2013, the Defendant entered into a contract with the victim E, a director of the victim corporation, at the electric house construction site office located in Gwangju-si, Gwangju-si, so that “50 million won can carry out retaining wall works and civil engineering works at the site of the electric house construction site.”

“.....”

However, the defendant did not have the right to pay retaining walls and civil engineering works at the above construction site to the victim.

Around August 9, 2013, the Defendant, by deceiving the Defendant as such, received KRW 50 million from E to the national bank account in the name of the Defendant F from E, and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and G;

1. A complaint;

1. Statement made by the police for E;

1. G (written confirmation);

1. The application of Acts and subordinate statutes on the confirmation of transfer of the Saemaul Treasury and the business agreement;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On May 9, 2013, the Defendant asserted that the Defendant, the Defendant, and his defense counsel, had the right to construct the instant land and to construct the civil engineering works by acquiring all the rights from the Plaintiff and the Plaintiff, which had the right to construct the instant land and five lots of land (the instant land) around Gwangju-si, Gwangju-si, and that he had the right to construct the instant land at the time of August 9, 2013, and thus, did not deceive the victim.

The following circumstances can be seen by the records of this case: ① The Defendant-run Dispute Resolution Co., Ltd. shall contract the civil engineering and the retaining wall (4.5 x 200 meters) rights to the land of this case to the Dispute Resolution Co., Ltd. on August 2013, but the retaining wall construction and the civil engineering construction contract shall be concluded on August 20, 2013, and the civil engineering works shall be concluded on August 20, 2013, and the amount of the retaining wall construction in the same area shall be KRW 150,000 (the down payment, KRW 20,000,000,000 for the down payment, KRW 30,000 (50,000,000 in advance) and the amount of the retaining wall construction in the same area shall be paid to the Dispute Resolution Co., Ltd, but the Dispute Resolution Co., Ltd shall pay to the Dispute Resolution Co., Ltd within 40 days from the date of agreement.