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(영문) 의정부지방법원 2017.02.02 2016고정1591
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On October 26, 2015, the Defendant made a false statement to the victim of the Chinese Language Research Institute operated by the victim D in the Namyang-si, Namyang-si, the Namyang-si, stating that “The Defendant would have the victim carry out the construction work at the face of KRW 8.5 million.” However, the Defendant had no intention or ability to allow the victim to carry out the construction work at another construction site, as the Defendant had thought to use the construction cost received from the victim at the other construction site.

In such a manner, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim to the bank account under the name of the Defendant on October 28, 2015; (c) KRW 600,000,000 around October 29, 2015; and (d) KRW 1 million around October 30, 2015; (c) KRW 80,000,000 around November 1, 2015; and (d) acquired KRW 2 million around November 10, 2015; and (e) KRW 720,00,000 in total from November 13, 2015 to the bank account under the name of the Defendant.

Summary of Evidence

1. Legal statement of the witness D;

1. The defendant and his defense counsel asserted that he was in exclusive charge of the instant interior construction, and that he did not know about the content of the instant interior construction contract.

On October 26, 2015, the following circumstances acknowledged by the evidence of the judgment are as follows: (a) the Defendant, a person operating the F, was the party to the Rotterdam construction contract (E appears to have participated in the conclusion of the Rotterdam construction contract in the status of the Defendant’s agent); (b) the victim concluded the Rotterdam construction contract at this court and introduced the Defendant from E to the President of F, and (c) stated the Defendant as the party to the Rotterdam construction contract at the end of October 2015; (d) the Defendant received 4250,000 won from the Defendant’s account under the name of the Defendant on October 26, 2015; and (e) added the amount to the Rotterdam construction contract as set forth in the crime of this case, Defendant 60,000,000 won from the damaged person’s name as the Defendant’s agent.

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