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Reasons
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(영문) 서울중앙지방법원 2014.08.07 2014고단1028
사기
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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On March 13, 2008, the Defendant was sentenced to four years of imprisonment for fraud, etc. at the Seoul Central District Court, and the period of parole was expired on September 30, 2010 during the execution of the sentence, and the parole period was expired on March 10, 201.

On April 3, 2012, the Defendant applied for a loan of KRW 3 billion from G Co., Ltd. to the Small and Medium Business Corporation for a loan of KRW 500,000,000 to G Co., Ltd. on the date of the same month when the Defendant requested that “G Co., Ltd. leased KRW 401 and 402 on the fourth floor of HA building in Gangnam-gu Seoul, Seoul, and the interior work should be carried out. If the interior work is carried out, the Defendant would pay the construction cost of KRW 167,40,000,000 in total if the interior work is carried out.”

However, the fact was that the defendant was individually awarded a contract regardless of the above company, and there was no intention or ability to pay the construction cost.

Nevertheless, the Defendant, as if he were to pay the construction cost as above, had the victim deceiving, and had the victim complete the construction work as a whole, and had the victim complete the construction work in an amount equivalent to KRW 173 million of the total construction cost, but did not pay the price, thereby acquiring property benefits equivalent to the same amount.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness I, F, and J;

1. A president of the F’s complaint (Evidence Nos. 1);

1. Statement of F (No. 5 No. 1)

1. A suspect interrogation protocol of the police officer with regard to I (number 6, 21);

1. A statement of F and I (No. 10, 17, 25);

1. A copy of each statement of the defendant and I (No. 35, 38)

1. Statement I and F in the suspect examination protocol of the accused by the prosecution (No. 46 in order);

1. The investigation report (Attachment of the decision of the same kind to the accused) 1.1.1.

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