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(영문) 서울동부지방법원 2018.11.21 2018고단235
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On June 2012, the Defendant, at the coffee shop in Songpa-gu Seoul, awarded the victim B a right to replace the ED street lamps from the Government of Malaysia.

The construction cost of replacing 300 million street lamps installed on the expressway and the general road is approximately KRW 300 billion, and if this contract is entered into on December 2012, it is possible to carry out the construction work immediately because Malaysia's advance payment for the construction work is made by Malaysia's government.

A false statement was made to the company run by the Party, stating that the company will grant exclusive delivery rights of PED street lamps and to select the company as the contractor.

However, there was no experience in receiving construction from Malaysia, and there was no intention or ability to accept a government-related person or a project for replacing street lamps, and to use the company operated by the victim with no property or income, and to use it for the cost of living. However, there was no intention or ability to designate the company as a project executor for replacing street lamps.

On September 26, 2012, the Defendant received KRW 50,000,00 from the injured party for the purpose of street funding, and from that time to April 5, 2014, the Defendant received KRW 124,900,000 from that time, USD 10,000, USD 10,000, and KRW 550,000 from Malaysia, as shown in the list of crimes in the attached crimes.

Accordingly, the defendant deceivings the victim to acquire the property or property benefits.

Summary of Evidence

1. Legal statement of the witness B;

1. Each protocol concerning the examination of the suspect against the accused by the prosecution (including the part concerning B's statement);

1. Statement made by the prosecutor with respect to B;

1. Each police statement protocol against B and C;

1. A copy of a bankbook, details of account transactions, details of remittance, a copy of a passbook, details of transactions at a post office, details of transactions at D banks, details of transactions at E banks, and application of Acts and subordinate statutes

1. Article 347(1) of the Criminal Act applicable to the crime and Article 347(1) of the choice of punishment (a comprehensive provision).

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