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(영문) 서울중앙지방법원 2015.01.13 2013고단2801

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant is the representative director of D Co., Ltd., and E is the Chairman of F.

Around September 14, 2012, the Defendant and E told the victim H to the E office located in the Jung-gu Seoul Metropolitan Government 703 G Building site development project in the Jung-gu Office that “us would be entitled to the removal of the housing site development project in the area from the LH Corporation, and it is extremely secret. Therefore, it is difficult to know in detail before entering into a contract, and if you believe and conclude a contract, the removal right will be granted.”

However, the defendant and E did not have any intention or ability to grant the right to remove land to the victim because they did not enter into a contract with LH construction and I district housing site development project.

Nevertheless, the Defendant and E, as above, deceiving the victim and entered into a contract for removal works with the victim on September 20, 2012, and transferred KRW 20 million to the SC Bank account in the name of FC Bank (J) in the name of FC Bank (J) as contract deposit for removal works on the same day.

Accordingly, the Defendant conspiredd with E to acquire pecuniary benefits by deceiving the victim.

Summary of Evidence

1. A protocol of examination of part of the defendant by prosecution;

1. Some police interrogation protocol of E;

1. The police statement of H;

1. A copy of a contract for removal of a private contract, cash storage certificate, and transfer certificate;

1. Copy of corporate register;

1. Determination as to an investigation report (LH Corporation’s report on the hearing of the staff’s telephone call) and the Defendant and defense counsel’s assertion requesting investigation cooperation

1. The assertion that the contract for removal works is substantially concluded with the victim is E that is not the defendant and that it is E that the victim acquires the amount of damage.

The Defendant believed that E would be ordered to actually remove from LH construction, and paid a large amount of money exceeding KRW 3,40 million.

The defendant is not guilty of deceiving the victim, and is only one of the other victims who are deceiving from E.

2. The defendant is E in light of the following circumstances acknowledged by each of the above evidence.