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(영문) 서울중앙지방법원 2018.07.19 2018고단255

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

On February 1, 2018, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. at the Seoul Central District Court, and the judgment became final and conclusive on the 9th day of the same month.

On January 24, 2008, the Defendant, as the representative director of C, entered into a contract (or a lower-level contract amount: 1.5 million won per the Firim, 1.2 million won per commercial street, 1.2 million won per commercial street, and 1.2 billion won per the completion of the construction, 2008.1 billion won per commercial street, 1.1 billion won per commercial street, and 1.1 billion won per contract) with the Defendant, who was awarded a contract by D, at a place where it is difficult to know about the around the around January 24, 2008.

However, the construction of the above E Commercial Building Corporation was in a state where the completion of the construction, such as the completion of the construction by I, a contractor, around October 9, 2007, after being awarded a contract by the defendant, was unsatisfy and did not undergo a completion inspection, and even if the defendant ordered the victim to subcontract artificial construction, it was impossible to do artificial construction even if it was impossible for the defendant to do so.

Nevertheless, the Defendant, upon completion of the interior work, concluded that the Defendant would have completed the completion of the construction work as if he could cause the completion of the construction work, and acquired money KRW 70,000,000 from the injured party to the deposit account in the name of C as the deposit money for the contract for the interior work around January 24, 2008 from the injured party.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning each of the police suspects against the accused, J, or K;

1. Statement by the police concerning L;

1. A complaint and an additional complaint;

1. Contract for the sale of a commercial building, deposit sheet, subcontract for construction works, contract for construction works, and letter of payment guarantee;

1. Previous convictions: Supreme Court’s search output (Seoul Central District Court 2008 High Court 2008 High Court 3106, 2017 High Court 4187, kICS search output (Seoul Central District Court 2017No 4187), Seoul Central District Court 2008 High Court 3106 Decided July 14, 2017.