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(영문) 광주지방법원 2015.01.21 2013고단5845

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On June 12, 2008, the Defendant, at the office of D Co., Ltd. (hereinafter “D”) where the Defendant, located in the sixth floor of the Yeongdeungpo-gu Seoul Metropolitan Government C Building, worked as a former secretary, concluded that “The Defendant would allow the victim E to perform the removal work of the G market reconstruction work located in the Daegu Northern-gu Seoul Northern-gu F. The present place was false that “The relocation of all union members is completed immediately after the date it is possible to remove, so that the entire removal is possible.”

However, the facts are as follows: (a) there is no way for the G market reconstruction improvement project association (hereinafter “G reconstruction project association”) and D Co., Ltd. to raise the relocation cost of members of not less than 1.6 billion won within the short term, which is a joint executor of the said reconstruction project; and (b) the Defendant did not have the intent or ability to make the victims complete the relocation of members within the said term of agreement, even if the payment was paid from the victim.

Nevertheless, on June 12, 2008, the Defendant, by deceiving the victim as above, received KRW 50 million from the victim to the bank account in the name of the Defendant H on June 12, 2008.

Summary of Evidence

1. Each legal statement of witness E and I;

1. Proxy letter (208-06-12, 14 pages of investigation records);

1. Details of passbook transactions (fore, 52 pages of investigative records) (fore, recognizing convictions in light of the following facts admitted by the evidence above):

1. According to the above witness’s legal statement and the above attorney’s letter of delegation, in the situation where it is uncertain whether the defendant can complete the relocation of members of G reconstruction association within one month without any method, such as the preparation of relocation relocation expenses, and the victim would be able to perform the removal work, it can be acknowledged that the victim would be able to perform the removal work at a time one month from the contract date as it is necessary to remove the G market after one month.

2. The removal contract records 4 rights 27-30 pages and D and the victim represented by the defendant.