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(영문) 부산지방법원 2016.02.17 2014고단9240
사기
Text

A defendant shall be punished by imprisonment for six months.

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

【Criminal Records of Crimes】 On August 8, 2014, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for the crime of forging securities at the Ulsan District Court on June 201, and the judgment became final and conclusive on August 19, 2014, and is still under suspended sentence.

【Criminal facts” The Defendant conspired to acquire money by deceiving money with the victim as if he/she would sell the temporary materials at the construction site to the victim, together with the person who terminated the shortage of funds for the construction project in relation to the construction project at Changwon-si, Changwon-si, Kim Chang-si, as he/she was prosecuted on June 20, 2014, and is currently pending in the trial as at the end of 2014 high group5

D The victim E is the actual representative of F who is the contractor of the above construction work and the agent of F.B. is the victim E who is the seller of scrap metal collection in the vicinity of the above construction site around September 2010.

It would be possible to supply and demand construction works for the sale of temporary materials, such as scrap iron coming from the construction site when our F is awarded a contract for a new C-built construction work.

On the other hand, "the money to be used as expenses for construction" was false, and the defendant was committed as if he had the right to sell the temporary materials as a representative of F at that time.

However, in fact, the defendant was not the actual representative of F, and the temporary materials such as the sn beamline, which the victim decided to sell to the victim, were owned by G, so the defendant or D did not have any intention or ability to sell them.

The Defendant and D, as seen above, deceiving the victim, and then deceiving the victim on September 7, 2010, KRW 30 million on September 9, 2010, KRW 30 million on September 9, 2010, and KRW 20 million on September 16, 2010, respectively, acquired 70 million in total from the victim.

Summary of Evidence

1. Each legal statement of witness E, D, and H;

1. A protocol concerning interrogation of suspects by the prosecution against D (a list of evidence No. 22);

1. Each police statement made with respect to E and D;

1. Details of a complaint, each proxy letter, standard subcontract contract for construction, business registration certificate, construction contract, copy of a passbook, and account book;

1. Previous convictions in judgment: A reply to inquiries, such as criminal history, investigation report (Evidence List No. 29), and application of each of the judgment statutes;

1. Criminal facts;

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