(영문) 대전지방법원 2012.10.17 2012노986 | 리걸엔진

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(영문) 대전지방법원 2012.10.17 2012노986

사기

Text

The judgment below

The main part of the facts charged is reversed.

A defendant shall be punished by imprisonment for not less than eight months.

except that this judgment.

Reasons

1. The summary of the summary of the appeal (the factual error) is that C is expected to receive a subcontract from September 2007 to October 2010 and has committed several offenses by deceiving money under the pretext of teaching expenses, and therefore, it shall be deemed that the Defendant who introduced C was aware of the fact that C had no intention or ability to receive a subcontract for construction work at the time of committing the instant crime.

Even if the defendant did not know that he had no intention or ability to accept a subcontract for the construction work, the amount of KRW 50 million that the defendant received was remitted is received under the pretext of the defendant's no intention to use it as the intermediary or mediation expenses.

Therefore, it is reasonable to view that the Defendant, in collusion with C, obtained 200 million won from the victim or obtained 50 million won by aiding and abetting the crime of fraud by C at least even if not, and obtained 50 million won by fraud. Therefore, the judgment of the court below which acquitted all of them is erroneous in the misapprehension of

2. The facts charged and the judgment of the court below

A. On March 10, 2008, the primary Defendant conspiredd with C to the facts charged, and the Defendant: (a) stated on March 10, 2008, the Dongdaemun-gu Seoul Dongdaemun-gu, Dongdaemun-gu, Seoul, that the victim D was "on the part of C, the former vice-chairperson of the company of Gyeongnam-do, being aware of the fact that the Plaintiff works for the side of C, the former vice-chairperson of the company of Gyeongnam-gu, and will be helpful for the project," and (b) moved to the (ju) office of the 8th floor of Seongdong-gu Seoul, Seongdong-gu, Seoul, to the honorary president, and introduced the victim to C; and (c) sent the victim to the Seosan-gu, the president of the Gyeong-gu, the Gyeong-gu, Seoul, to the head of the Sinsan-si, the head of the Sinsan-Gun, and the head of the Chungcheongnam-nam planning office." The Defendant believed the victim to be the victim on the last day of the same month.

유사 판례

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