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(영문) 서울중앙지방법원 2014.05.14 2013고단8375
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 9, 2012, the Defendant: (a) on April 9, 2012, the Jongno-gu Seoul Metropolitan Government D Building 301, followed the victim E to the victim; (b) was in a relationship between the relevant person at the site of the Korea Water Resources Corporation, a flood control dam construction site of the Korea Water Resources Corporation, which is scheduled in the transfer of the land of the Republic of Korea, and the owner of the said construction; and (c) was in a relationship between the Hanyang Construction site of the Korea Water Resources Corporation, which is an order for the said construction, and the owner of the said construction, and (d) was aware of the contract related to the said construction as if he/she were aware of the contract related to the said construction. In doing so, the Defendant would have the owner take possession of aggregate within three days from the Hanyang-gun-gun Construction to the Korea Coast Control Dam Corporation of the Korea Water Resources Corporation of the Republic of Korea. In addition, the amount necessary

However, at the time, the Defendant did not have secured the business right to secure and transport aggregate in relation to the above construction works, and there was no lack of participation in the tender to secure the business right, and the Defendant did not have any specific relationship with the party related to the construction site of the Korea Water Resources Corporation and did not have the status to secure the business right. Therefore, even if having received money from the victim, the Defendant did not have the intent or ability to allow the victim to transport aggregate.

The Defendant, by deceiving the victim as such, received 30 million won from the victim to the Defendant’s company account on the same day.

Summary of Evidence

1. Defendant's legal statement;

1. A copy of the prosecutor's statement concerning the F;

1. Each police statement of E, and a copy of the police statement of G;

1. A complaint;

1. A copy of a service contract, a loan certificate, or a deposit and delivery transaction;

1. Before ruling: Criminal records, previous records of disposition and report on results of confirmation, and application of investigation reports (verification of relevant cases, and copy of judgment) Acts and subordinate statutes;

1. Relevant Article 347(1) of the Criminal Act, the choice of punishment for the crime, and the choice of imprisonment.

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