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Reasons
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(영문) 대구지방법원 포항지원 2016.05.12 2016고단22
사기
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A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From November 2008 to May 2009, the Defendant ordered the Gyeong Young-gun to perform the E Formation Project awarded by the D Company operated by the victim C, and received a subcontract from the D Company. The Defendant agreed that the damaged party would pay directly to the goods supplier.

1. Around December 8, 2008, the Defendant stated to the effect that “The Defendant, at the office of D Company D located in G at Lh time on December 8, 2008, transferred the price of KRW 10 million to the H account, a G Company operator, inasmuch as he/she received materials equivalent to KRW 10 million from G Company, and carries out construction work with the victim.”

However, the defendant did not receive material from G company, and the victim transferred money to H account in the name of H to the actual operator of the G company, and was thought to use it for personal purposes.

The Defendant received 10 million won from the damaged party to the account under H’s name as the price for the same day.

2. On January 5, 2009, around January 5, 2009, the Defendant stated to the effect that “Around January 5, 2009, the Defendant, at the D Company’s office, supplied the victim with materials equivalent to KRW 23 million from the G Company and carried out construction work. As G Company’s actual operator, remittance of the material amount to KRW 23 million to the I Account.”

However, the defendant did not receive material from G company, and when the victim remitted money to I's account, he was able to receive the money from I and use it for personal purposes.

The Defendant received 23 million won from the damaged person to the account in the name of I in the same day as the price for materials on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness C;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police with regard to C;

1. A detailed statement of account transactions;

1. The application of the law of the investigative report (the confirmation of the user of the money deposited to H and I) 1.

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