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(영문) 서울북부지방법원 2019.06.26 2018고단1440
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On July 7, 2009, the Defendant stated that “D will be selected as a contractor while implementing the G market reconstruction project if a lender is a lender,” at the office of the Defendant’s management company located in Gangnam-gu Seoul Metropolitan Government, and that “D will be selected as a contractor,” which was introduced and learned in relation to the market redevelopment project.

However, in fact, the Defendant, at the time, was liable for 40 million won to H, did not have any specific property, such as the attachment of the site and the end of the house purchased to proceed with the G market reconstruction project, and there is no asset related to the reconstruction project. Therefore, even if the Defendant received money from the victim company, he did not have the intent or ability to return the money received from the victim company or to execute the

Nevertheless, on July 7, 2009, the Defendant received KRW 5 million from the victim company to the national bank account in the name of the victim company in the name of July 7, 2009, from around October 19, 201, the Defendant received KRW 321,594,810 in total from the victim company under the same name, as shown in the list of crimes, from around 11 to October 19, 201.

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

Summary of Evidence

1. Application of Acts and subordinate statutes to the statement of witness F in the third part of the trial records of the defendant in the second part of the trial records, the statement of witness F in the third part of the trial records, the statement in the fourth part of the trial records, E and J in the fourth part of the trial records, investigation report (Submission of suspect evidence materials), investigation report (request for submission of suspect

1. Determination as to the assertion by the relevant Article of the Criminal Act, Article 347(1) of the Criminal Act regarding criminal facts, the Defendant of the choice of imprisonment, and defense counsel

1. The summary of the argument was that the victim company would not be selected as the contractor, was involved in the reconstruction project in accordance with the direction of the J, and the funds received from the victim company.

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