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(영문) 서울중앙지방법원 2016.10.06 2016고정1576
사기
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Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 5, 2013, the Defendant, at the D Company's office located in Gwanak-gu in Seoul Special Metropolitan City (Seoul Special Metropolitan City) on April 2013, 201, concluded that “only 2,000,000 won was changed as a performance bond for construction to re-subcontract the removal of the bus board in Seoul Special Metropolitan City,” from the D Company's office located in Gwanak-gu in Seoul Special Metropolitan City, and entered into a contract for removal of the bus stops with the victim around June 5, 201

However, at the time, the defendant entered into a contract on the pilot project for the construction of the bus board in Seoul with the modern elevator and the Seoul Metropolitan Government, but it was not possible for the victim to enter into the main contract for the construction of the bus board in Seoul with the modern elevator and the Seoul Metropolitan Government.

As above, the Defendant, by deceiving the victim, received KRW 2 million in cash from the victim and received KRW 20 million in total from the victim around June 5, 2013 to the national bank account in the name of F, which is located in the name of the performance guarantee for the removal of bus transit against the victim, around May 27, 2013; KRW 3 million around May 29, 2013; KRW 8 million on June 15, 2013; and KRW 5 million on August 3, 2013; and received KRW 2 million in cash around June 5, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the examination of the accused by the prosecution (including G statements);

1. Statement of the police statement of E;

1. A contract for removal of bus stops;

1. Application of Acts and subordinate statutes to a report on investigation (referring to a report on the authenticity of a contract for the creation of a telephone or the setting for passengers);

1. Relevant Article 347 (1) of the Criminal Act concerning the facts constituting a crime and Article 347 (1) of the Selection of Fine;

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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