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(영문) 인천지방법원 부천지원 2014.05.15 2014고단47

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

Around April 2, 2007, the Defendant made a construction-standard subcontract form stating in Jung-gu Seoul Special Metropolitan City Cbuilding 718, the victim D’s “to-project owner”, “to-project owner”, “YGAPT T Tlil Corporation”, “ to-contract amount: 878,130,000 won”, and “contractor: E: representative director D”, and made and made a false construction-based subcontract form with the purport that “the amount of 50,000 won shall be reduced by taking charge of the other construction works for 60 households in the off-gu Seoul Special Metropolitan City, Jung-gu, Seoul Special Metropolitan City.”

In fact, the Defendant did not know about Cheongok Co., Ltd., which is the principal contractor, and even if the above Cheongok Co., Ltd. was closed on December 31, 2006 and received money from the victim as above, it did not have the intent or ability to receive the above Cheongok Co., Ltd. from the victim to receive the above brokerage fee.

Nevertheless, on April 3, 2007, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim to his agricultural bank account under the pretext of brokerage fee.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness D's testimony;

1. Each prosecutor's protocol of examination of the accused;

1. The prosecutor's office and the police's statement concerning D;

1. Application of the Acts and subordinate statutes on a copy of the passbook, a detailed statement, the standard contract for construction works, a certified copy of the register, and a statement of savings deposit transactions

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting the crime, and imprisonment;