beta
(영문) 수원지방법원 2020.02.07 2019고단5016

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[Criminal Power] On August 18, 2017, the Defendant was sentenced to imprisonment with prison labor for six months at the Suwon District Court for fraud, and the said judgment became final and conclusive on the 26th of the same month.

【Criminal Facts】

The Defendant ordered the removal construction work to the victim B, with the mind that he would be aware of the money by deceiving the victim as if he would be able to use the equipment of the Co., Ltd. that the victim works for the victim’s director, and calls from the victim on August 9, 2012 to the victim at the French site, and calls from D to the victim, which is separate from D Chairperson E and the head of the headquarters F. Therefore, the Defendant would use the equipment of the Co., Ltd. if he is able to work at the site, and if he takes charge of the removal work, he would be able to use the equipment of the Co., Ltd..... . . . . . . . . . . . . .. .. .. .. .. .. .. .. ...

However, the defendant did not have the intent or ability to have the company where the victim works because of being awarded a contract for the removal work during the construction site development project for the above Cheongju New Construction site.

Nevertheless, the Defendant received KRW 5 million from the victim to the G bank account in the name of the Defendant on the same day as the loan, and received KRW 41 million in total on seven occasions from June 16, 2017, as shown in the list of crimes in the attached Table, as well as from June 16, 2017.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the interrogation records of the accused by the prosecution;

1. Statement B in the second interrogation protocol of the defendant against the defendant;

1. The police statement concerning B;

1. Investigative report (F telephone conversations of a witness), investigative report ( telephone conversations of a witness HH), investigative report (to be denied of a suspect), investigative report (to be made on an excursion ship telephone conversations of a criminal suspect), investigation report (to be made on an accused party's telephone statement related to the contents of the network);

1. The details of letters sent and received with the suspect, details of deposits made by the victim, and cooperation with the investigation;