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(영문) 의정부지방법원 2017.05.10 2016고단5479
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The Defendant, around October 15, 2014, at the office of the victim F of Yangcheon-gu Seoul Metropolitan Government (D 221 E, and at the request of the G representative H, may follow the I school meal logistics business.

I operated the I School Meal Logistics Business as a partnership business. For the I School Meal Logistics Business, it makes a false statement that H would pay KRW 100 million to H, which would change KRW 100 million.

However, even if the defendant received money from the injured party, he did not have an intention to pay H as a security deposit, and there was no intention to operate a school meal logistics business with the complainant and I school meal service as a partnership.

Nevertheless, on November 12, 2014, the Defendant received KRW 100,000 from the victim of the above false statement, and acquired it as a business deposit, from the victim to the national bank account in the name of J Co., Ltd. operated by the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. Statement of the statement of the suspect interrogation protocol against the accused in the prosecution: In particular, on October 15, 2014, the victim shall pay the deposit to G representative H for the I school meal logistics business.

Part of the statement that “A fluent fluent fest,” and on November 12, 2014, the victim received KRW 100 million from his account in the name of J Co., Ltd., and all of the Defendant used the above money for personal business funding (Evidence No. 51,52 pages), the statement that at the time the victim was not able to operate the I School Meal Logistics Project (Evidence No. 55 pages), the statement that the victim had no ability to cause the victim to operate the I School Meal Project (Evidence No. 55 pages), even if the victim did not have the intent or ability to grant the right to operate the I School Meal Logistics Project from the beginning, the statement that the victim was a victim and that he was paid the money (Evidence No. 56 pages of evidence record) is written that the victim was able

1. Statement concerning the suspect examination protocol of H in relation to H;

1. Application of Acts and subordinate statutes on transaction details;

1. Relevant Article of the Criminal Act and the choice of punishment for the crime;

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