logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 포항지원 2014.03.27 2011고단2096 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 3, 2011, the Defendant was sentenced to imprisonment with prison labor for 4 months, 2 years of suspended execution, 1 year of suspended execution, 3 years of suspended execution, and 3 years of suspended execution on December 13, 201.

The defendant is the representative director of D Co., Ltd., and E (Separate and Final Judgment on December 27, 2012) is the adviser of D Co., Ltd.

On October 11, 2010, the Defendant and E concluded a contract with the said victim on the supply of waste materials (defluences) with the said victim on October 11, 2010, stating that “The Ministry of National Defense has stored the waste pressure in an I factory located in the iron farm of Gangwon-do, but the Ministry of National Defense has concluded a contract for the supply of waste pressures from 7,000t to 13,000t for one year at the face of 100 million won.”

However, even if the defendant and E received KRW 100 million from the victim, they did not have the intent or ability to supply the victim with the pulmonary pressure from 7,000t to 13,000t for a year.

Nevertheless, the Defendant and E, as seen above, was accused of H and received KRW 100 million from the victim during the middle of October 201.

Accordingly, the defendant, in collusion with E, deceiving the above H, thereby deceiving the victim of KRW 100 million.

Summary of Evidence

1. Statement by the defendant that he/she received KRW 100 million from a victim in the first protocol of trial;

1. Statement of witness H in the third protocol of trial;

1. Statements made by witnesses J and K in the fourth trial records;

1. Statement of a witness in the fifth trial record;

1. A protocol concerning the examination of suspects of the accused and E by the prosecution;

1. A contract for a goodwill agreement;

1. A contract on the supply of waste materials, and receipts;

1. Previous records: Application of Acts and subordinate statutes to criminal records and investigation reports (Attachment to the same criminal records as the criminal defendant's judgment);

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act dealing with concurrent crimes;

arrow