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(영문) 서울동부지방법원 2013.05.16 2012고단2919 (1)
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On November 7, 2012, the Defendant was sentenced to a suspended sentence of ten months for fraud at the Seoul Eastern District Court, which was sentenced to two years of imprisonment for the purpose of fraud, and the judgment became final and conclusive on November 15, 2012.

On May 18, 2011, at the office of the defendant's management (ju) office, the defendant had a debt equivalent to KRW 200 million, and at the time, the defendant was accused of the violation of the Labor Standards Act because he did not have any operation fund of the above company, and he was accused of the violation of the Labor Standards Act. The defendant concealed this fact, and the victim E (ju) is a company with good and low financial standing, and (ju) D is a company with good and low financial standing, and the waste materials and scrap metal of KRW 100,000 from KRW 80,000 per month at the site where D could be replaced with an elevator replacement work. If 10,000,000 won is paid as a security deposit, it would be false to supply scrap metal and waste materials from the above construction site.

However, in fact, scrap metal and waste materials generated from the elevator replacement work have no intention or ability to supply them to the victims because they are collected from the company that requested the work.

Nevertheless, the Defendant, as seen above, by deceiving the victim, received 10 million won from the victim to transfer the same day.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Partial statement of the suspect interrogation protocol of the accused by the prosecution;

1. Partial statement of the police interrogation protocol of the accused;

1. Statement of the accused's part of the protocol of interrogation of the police officer against the accused (second, second, and replacement);

1. Statement to E by the police;

1. A complaint;

1. Investigation report (Listening to statements, such as the apartment management office);

1. A scrap metal supply contract, a copy of a bank remittance certificate, a certificate of contents, and a real estate lease contract;

1. Previous records: Application of one copy of the judgment, one copy of the search of the case in the Supreme Court B, and Acts and subordinate statutes to the investigation report (report on the fixed date of the case);

1. Relevant Articles of the facts constituting an offense and the choice of punishment;

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