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(영문) 서울중앙지방법원 2018.07.18 2016고단6298

사기

Text

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

Reasons

Punishment of the crime

[criminal records] On December 26, 2012, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the Seoul Southern District Court, and confirmed on August 22, 2013. On September 13, 2013, the Seoul Southern District Court sentenced six months of imprisonment for a crime of fraud at the Seoul Southern District Court, which became final and conclusive on March 27, 2014. On March 8, 2016, the Daegu District Court sentenced six months of imprisonment for a crime of fraud, etc. and became final and conclusive on May 28, 2016.

[2] On April 28, 2011, the Defendant, along with W, conducted as if he were the president of the Dongjak-gu Seoul Metropolitan Government X building, and W, as if he were the standing adviser of the above Y, and the Defendant was the victim Z, who received a new construction of a window in the AA located in Songpa-gu Seoul Metropolitan Government, and the subcontractor of the civil engineering work was found.

It will lend KRW 30 million to subcontract civil engineering works and repay as advance payments at the time of commencement.

The phrase “ makes a false statement.”

However, the Defendant and W did not have any authority from the above Y because they did not have the authority to enter into the contract under the above Y name or to carry out the project. Moreover, the said AA New Construction Corporation was performing the project by receiving a contract from a non-Y, and even if the Defendant and W did not have any authority over the said A New Construction Corporation and borrowed money from the damaged party, they did not have the intent or ability to reduce the subcontract for the said A New Construction Work.

Ultimately, the Defendant, in collusion with W, by deceiving the victim as above, received from the injured party a total of KRW 20 million in the face of the face of KRW 10 million from the face of the check as borrowed money.

Summary of Evidence

1. Statement of the witness Z in the third public trial protocol;

1. Entry of a part of the document in the written interrogation of a suspect in relation to W by the prosecution;

1. Statement AD in a suspect interrogation protocol (two times, confrontations) made to the prosecution against AC;

1. Statement of the police concerning the Z;

1. A criminal investigation report (report on the results of account tracking);

1. A copy of the standard subcontract agreement for construction works, a copy of receipt, a copy of a self-tension check, and a certified copy;

1. A previous conviction in judgment: