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(영문) 서울북부지방법원 2018.02.21 2017고단3777
사기
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant: (a) the head of the business headquarters of the corporation D; (b) the Vice-Chairperson of the said corporation; and (c) the Defendants, even though D did not have the right to remove the F-project, have the right to remove the F-project; and (d) conspired to obtain money from the most damaged party under the name of the deposit money for the performance of the F-project contract in the

On June 11, 2012, the Defendant and E have the right to remove the F Housing Site Development Project site in the office of the Defendant located in Jung-gu Seoul, Jung-gu, Seoul, and the victim H.

In order to give a subcontract for a punishment project, a false statement was made to the effect that “any person who gives money as a security deposit for performing the project, etc.” and it received KRW 20 million from the injured party as a security deposit on July 6, 2012, and from September 24, 2015, a total of KRW 192.6 million was granted from September 24, 2015 as shown in the attached list of crimes.

As a result, the defendant and E conspireded to acquire 190 million won from the damaged person.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness H;

1. Entry of a part of the protocol concerning the examination of the suspect to the prosecution or the police against the defendant;

1. A protocol of interrogation of the accused or I for each prosecution (5 to 530 pages 519 through 530 of the investigation records, and 565 through 570 of the investigation records);

1. Entry of each part of the protocol or statement concerning the suspect interrogation of the police against E;

1. Details of transactions in each account, contracts for construction works under private contract, receipts, statement of deposits, and name cards;

1. Investigation reports (Attachment of a copy of the relevant case records) and the application of Acts and subordinate statutes of the summary order;

1. Relevant Article 347 of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment for the crime;

1. The grounds for sentencing under the former part of Article 37 of the Criminal Act, Article 38(1)2 and Article 50 of the Act on the Aggravated Punishment of Concurrent Crimes are as follows: In this case, the defendant deceivings the elderly victim and repeatedly commits it over a considerable period of time.

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