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(영문) 서울중앙지방법원 2015.04.23 2014고정3494
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 23, 2013, the Defendant was sentenced to a suspended sentence of one year in the Seoul Central District Court for six months of imprisonment for fraud, and such judgment becomes final and conclusive on the 31st of the same month.

Around October 201, the Defendant, who is engaged in the building business, entered into an oral agreement with C to implement the new construction of the “E” building (hereinafter “E”) and divide profits from the land, such as D and Gangwon-gun, and then acquired the victim F Co., Ltd. with C and worked as a director of the said company.

On January 1, 2012, the Defendant submitted a “detailed statement of daily labor cost” to an employee in charge of accounting for which the victim company’s personal information is unknown at the instant construction site. In fact, despite the fact that G does not work at the instant construction site, G would work as a daily worker at the instant construction site from December 1, 201 to December 31, 201, and requested G to pay labor cost of KRW 2,259,310, and received money from the victim around that time.

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

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. Application of the Act and subordinate statutes to the suspect interrogation protocol of the defendant (including C’s statement)

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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