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(영문) 인천지방법원 부천지원 2015.11.26 2015고단2272
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant is the vice-chairperson of the Construction Co., Ltd. and the victim D(53) is the civil engineering director of the Construction Co., Ltd.

On June 30, 2014, the Defendant made a false statement to the Defendant’s office located in Yeongdeungpo-gu Seoul Metropolitan Government, stating that “A general construction company C&C was awarded a contract for a new construction of “H” located in Gyeonggi-gu G, Gyeonggi-gu, Inc., and commenced construction work on July 15, 2014, and that C&C construction work (the construction cost of KRW 3.6 billion) will be subcontracted to the company.”

However, in fact, F Co., Ltd. has not contracted the said H construction to C General Construction Co., Ltd., and there was no access road to the construction site, making it possible to start construction works around July 15, 2014, and even if it receives money from the victim for expenses, there was no intention or ability to subcontract the public construction works to the victim.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim, around July 2, 2014, and KRW 5 million from July 3, 2014, respectively, to the Agricultural Cooperative Account under the name of the Defendant.

Accordingly, the defendant was given a total of KRW 15 million by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Application of Acts and subordinate statutes to a complaint, entry and withdrawal details, a construction contract, a construction contract, a contract for construction works, a written confirmation of the results of electronic financial transfer, and a report on investigation (including attached documents);

1. Relevant Article 347 (1) of the Criminal Act concerning criminal facts, the choice of a fine, and the choice of a fine;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished for the same kind of crime, and the defendant did not know even during the suspension period of execution for the same kind of crime, and he obtained a large amount of money against the victim. The criminal liability is not easy.

However, it is against the defendant's confession.

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