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(영문) 전주지방법원 2017.05.10 2016고단1402

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On July 5, 2013, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Incheon District Court on July 5, 2013 and the said judgment became final and conclusive on July 13, 2013.

[Criminal facts] The Defendant is the Vice-Chairperson of F (State) of the victim E at the D hotel site located in the Northwest-gun C before June 4, 2013.

The above D D's electrical facilities and remaining construction shall be leased KRW 30,000,000,000 necessary for the purchase of construction materials for the D's new hotel construction, and it shall be paid at the time when the purchase price of construction materials is paid later from the State F.

“The purpose was to make a false statement.”

However, the fact is that the defendant is not an employee of the F (State) and does not have the right to select a subcontractor at will, and does not have the right to use the construction fund, and the above D D D D D D D D D D D D D D D on March 2013 has no intention or ability to repay the money even if it is borrowed from the injured party due to the lack of any particular revenue or property.

Nevertheless, the Defendant received KRW 30 million from the injured party to the Agricultural Cooperative Account (G) in the name of the Defendant from the injured party and acquired it by deceptive means.

Summary of Evidence

1. The defendant's legal statement (the date of the third public trial shall be the date);

1. A protocol concerning the interrogation of the accused by the prosecution (one-time inquiry type);

1. Statement made by the police for E;

1. Agreement on a construction contract, cash loan certificate, and letter of payment;

1. A full certificate, fact-finding certificate, and employment certificate for registered matters;

1. Statement of decision;

1. Investigation report (report on details of passbook transactions), investigation report (verification of the certificate of employment and fact confirmation), investigation report (report on the current status of subscription to the employment insurance for the suspect), investigation report (report on the progress, etc. of auction of "D hotel" at the time of deceitation), investigation report (report on summary order of intrusion into structure H by the owner of D hotel project);

1. Previous convictions in judgment: Investigation report (the punishment);