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(영문) 대전지방법원 천안지원 2014.08.12 2013고단1087
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Criminal facts

The defendant served as the head of the new construction site for relocation to the local area that is carried out in C.

On September 2012, the Defendant stated that “The victim F, a representative director, will give a subcontract for civil engineering works and steel reinforced concrete works at the new construction site in the relocation of the local area,” at the site of the said new construction project located at the end of the prime city.”

However, the defendant did not have any intention or ability to subcontract the above construction to the victim F even if he received entertainment from the victim F or received money because he was not authorized to select the subcontractor of the said new construction project from G, the representative director of the CF.

Nevertheless, the Defendant, as above, by deceiving the Victim F and receiving a total of KRW 60,000,00 from the Victim F, from the Victim F in Seoul on October 4, 2012, as well as from around that time to November 9, 2012, the Defendant received a total of KRW 2,460,000,000, in total, for four occasions, as stated in the crime list in the attached Table, and received KRW 5,00,00,00 as a loan from the said new construction site around October 6, 2012.

In addition, on October 18, 2012, the Defendant received KRW 1,00,000,000 from the victimJ as a loan, because the Defendant did not have any intent or ability to repay the loan even if it borrowed money from the victimJ, who is the head of the public service department, at the said new construction site, inasmuch as it did not have any intent or ability to repay the loan.”

Accordingly, the defendant was provided property by deceiving the victims.

Summary of Evidence

1. Legal statement of witness G;

1. Statements of witnesses F and J in the fourth trial records;

1. Examination protocol of the accused by prosecution;

1. Each written confirmation;

1. Application of Acts and subordinate statutes to details of transactions, results of transfer processing, details of domestic approval, and details of transfer;

1. Criminal facts;

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