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(영문) 대구지방법원 서부지원 2018.01.12 2017고단86
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On October 2015, the Defendant agreed to undertake the construction of structures among the extension works of the E High School Joint Class D located in South-gu, Nam-gu, South-gu, EAC and the Defendant agreed to proceed to 87 million won in early 2015.

On October 28, 2015, the Defendant made a false statement to G, a real operator of the victim company, through F, a site warden at the above construction site on October 28, 2015, stating that “in order to construct a structure, the Defendant would complete the main construction, as the price of the material is required to be paid in advance.”

However, even if the Defendant received the above material price, he thought that he would use it for the wages, material prices, etc. contained in the existing other construction sites, and he did not intend to use it for the material price, etc. related to the instant construction project.

As such, the Defendant deceptioned G, a substantial operator of the victim company, and acquired 30 million won from G to the account in the name of the Defendant on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the police statement related to G;

1. Application of many Acts and subordinate statutes related to the Corporation, such as a petition for complaint and emotional distress;

1. It is so decided as per Disposition in light of the circumstances favorable to the defendant, taking into account the following facts: Article 347(1) of the relevant Article of the Criminal Act regarding criminal facts; Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act regarding the sentencing of imprisonment with prison labor; Article 347(1) of the Criminal Act regarding the fact that the damage was not recovered

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