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(영문) 의정부지방법원 고양지원 2013.07.24 2012고단1101
사기
Text

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

However, for two years from the date this judgment became final and conclusive, the above sentence shall be executed against the defendant.

Reasons

Punishment of the crime

On May 14, 2010, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and on May 25, 2010, the judgment became final and conclusive.

C A person who worked as the site director of E, a company conducting redevelopment apartment projects, which was being promoted from around 2004 to Si of Si of Si, and the defendant is a subordinate employee of the above C, who was in charge of redevelopment removal.

Since the Defendant and C did not have been authorized by E, the executor of the above redevelopment apartment project, to select the operator of the above construction site, the Defendant and C did not have any authority to do so, even if they received money from those who wish to operate the brin restaurant at the above construction site, they did not have the intention or ability to operate the brin restaurant.

Around June 2006, the Defendant made a false statement to the effect that “The Defendant, at G stores cafeterias located in the F of the Dong-gu, Ansan-si, the Defendant, “The Construction Company, having knowledge of the right to select the brin restaurant, would have the right to operate the brin restaurant on the face of 60 million won, and C, “The inside shall have the right to operate the brin restaurant as the head of E’s on-site.”

The Defendant and C have received KRW 20 million from the victim on September 8, 2006, KRW 20 million on the 9th day of the same month, KRW 20 million on the 10th day of the same month, and KRW 20 million on the 10th day of the same month from the victim to the one bank account in the name of A.

Summary of Evidence

1. Each legal statement of the defendant and C;

1. Each protocol of examination of the accused and C by prosecutors;

1. The police statement of H;

1. Details of passbook transactions;

1. An agreement and a notarial deed;

1. Cash custody certificate;

1. Application of statutes concerning criminal records;

1. Articles 347 (1) and 30 of the Criminal Act applicable to the facts constituting the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 62 (1) of the Criminal Act;

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