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(영문) 제주지방법원 2013.10.25 2012고단1608

사기

Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

Around February 201, the Defendant, at the time of the completion of the construction of a newly built multi-family house in the location D, under the condition that the Defendant was solely liable for KRW 100 million in bad credit standing without any other property at the time, and the Defendant agreed to receive a brokerage fee equivalent to 10% of the total construction cost from the said company even if he completed the construction of a newly built multi-family house in the location D (hereinafter “C”), and even if he/she borrowed money from the victim, he/she did not have the intent or ability to repay it, he/she would receive approximately 10% of the total construction cost when the construction of a new apartment house is completed with the subcontractor in the contract with the subcontractor, and the Defendant would receive approximately 10% of the total construction cost when he/she completed the construction of a new apartment house in the Jeju city. In addition, if he/she borrowed KRW 1,000,000,000 from the said company, he/she would receive the total of KRW 10,000,000 from the victim.

Summary of Evidence

1. Partial statements of the defendant in the first protocol of trial;

1. Witness I;

1. Judgment on the defendant's assertion of suspect interrogation protocol against the defendant

1. At the time, the defendant and the defense counsel asserted that there was no agreement between the defendant and C to receive certain amount of money when two cases of E and F are completed, and therefore there was no fraud or deception.

2. According to the evidence, C was awarded a contract with J for a new construction of a multi-family house located in D in Seogpopo-si, and the Defendant was working as an outside director of the said company who received money from the Corporation for the introduction of the house without any specific benefit.