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(영문) 창원지방법원 마산지원 2013.06.04 2012고단272
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

Around December 3, 2009, the Defendant: (a) drafted a standard construction contract agreement with the Defendant, on December 24, 2009, at the E Office, the Victim D’s Operation Co., Ltd., Ltd., located in the Gyeong-gun, Gyeong-gun; (b) that the Defendant would pay KRW 20,392,80 to the Defendant for construction cost if he constructed the prefabricated branch; (c) however, on behalf of the Defendant, the Defendant had already been working as a director of ASEAN on behalf of the Defendant F Village G in relation to the “construction of F Village Rest”, and entered into a construction contract with I(J) on December 24, 2009; and (d) around December 24, 2008, the contractor did not have the capacity to pay the Plaintiff the money from the representative director, who is the Plaintiff, through G, to the Defendant and the Defendant had the ability to pay the said construction cost to the Defendant for the said construction work.

Nevertheless, the Defendant, without notifying the victim of the fact that the Defendant was liable to H’s liability and the conclusion of a standard contract for private construction works between I and G, deceiving the victim as above, and deceiving the victim accordingly, from January 29, 2010 to the same year.

2. By December 23, 200, the victim had completed the above assembly-type printing team construction work, and had 20,392,800 won paid for the construction work of the board on behalf of the Co., Ltd. I, the contractor of the contract for the standard private construction work, I, the contractor of the contract, obtain pecuniary benefits from the above amount.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. Each police statement made to D, K, L, G, J, and H;

1. Application of the written estimate or each statute;

1. Relevant Article 347 (2) and (1) of the Criminal Act and Article 347 (1) of the Criminal Act, the choice of criminal facts;

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