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(영문) 수원지방법원 안산지원 2016.02.25 2015고단3491
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 11, 2013, the Defendant is carrying food waste generated at the government offices by concluding a direct contract with the Gwanak-gu Office, etc. with the victim C in light of the first floor of Btel in light of light and around 703, and the victim C.

A false statement was made to the effect that “I will be able to carry waste generated in the Gu office by entering the security deposit into the main place and transporting the waste.”

However, the Defendant did not have entered into a contract directly related to food waste transport with a government office, such as a malicious Gu office, and there was no intention or ability to introduce the Defendant to purchase business cargo vehicles suitable for food waste transport. Even if the Defendant received money from the injured party under the name of the deposit, the Defendant did not have any intention or ability to have the Defendant enter into a contract to transport garbage between the government office and the government office, or to have the Defendant have no intention or ability to return the money received under the name of the deposit money.

The Defendant received KRW 100,000,000 from the damaged person as the deposit money, i.e., KRW 3 million from tin, and received KRW 100,000 from the D account designated by the Defendant on October 25, 2013, and KRW 13,00,000 from the same account on October 28, 201.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the protocol concerning the interrogation of the suspect to the prosecution against the defendant (including the C statement);

1. Statement in the police interrogation protocol concerning E;

1. Statement made to C by the police in the protocol; and

1. Application of the respective Acts and subordinate statutes in a written agreement, a detailed statement of transactions, and an investigation report (F representative G hearing of statements);

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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