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(영문) 서울중앙지방법원 2013.07.19 2012고단3980
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[Criminal Power] On January 19, 2010, the Defendant was sentenced to four months of imprisonment for a crime of fraud at the Sungnam Branch of Suwon District Court on January 19, 201, and the said judgment became final and conclusive on January 27, 2010.

【Criminal Facts】

The Defendant, around May 2008, at the office of container site E, Co., Ltd. in the construction site of D Nowon-gu D Nowho-gu D Nowho-gu Seoul Special Metropolitan City (U.S.) and the victim F, saying, “The victim F, who is willing to receive re-subcontracts the said D site as contracted for construction work from Treatment Construction, shall invest KRW 50 million in the said D site,” continues to do so.

9. The first police officer called to the effect that “the principal contractor shall have received progress payment equivalent to 18-1.9 billion won, and the principal contractor may immediately commence the construction in return for such money.”

However, in fact, the defendant had had no intention or ability to execute the re-subcontract even if he received the investment payment from the victim because he had been under suspension after being notified of the termination of the contract on January 25, 2008 from the Construction of Treatment as the contractor.

The Defendant, as above, by deceiving the victim, received 15 million won in cash from the victim, before the Songpa-gu Office located in Songpa-gu Seoul Metropolitan Government 29-5, Songpa-gu, 2008, and 20 million won in cash from the E office in front of the building in Seongbuk-gu, Sungnam-si, Sungnam-si.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant's partial statement in the second protocol of trial;

1. Statement made by a witness F in the fourth trial record;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused (including the F substitute part);

1. The prosecutor's statement concerning the F;

1. Previous convictions in judgment: Application of Acts and subordinate statutes of investigation report (report accompanied by a written judgment, etc.);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 37 of the Criminal Code for the Handling of Concurrent Crimes

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