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(영문) 서울동부지방법원 2018.07.18 2017고단4326
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 2014, the Defendant is the victim D in the office located in the Gyeonggi-do E E E E E E E E E E E E E E E E E E E E E E E E E E E, and the first construction cost is more than 390 million won, and the next construction cost is more than 60 million won.

If the company takes charge of the above construction project, 20 million won can be awarded a contract for the construction project from the company, which is 20 million won or more. On August 30, 2014, it is expected that advance payment of KRW 100 million will be made on or before the commencement date of the construction project, and the amount of KRW 20 million will be paid additionally with the proceeds if the balance is paid.

In addition, the Defendant’s transfer of KRW 20 million to the Agricultural Cooperative Account in the name of F of the Defendant on July 25, 2014 to the injured party by stating that it may have the Defendant undertake the construction of Pokes among the above construction works, and the Defendant continued to transmit the amount of money that the entertainment expenses need to be paid to the Defendant.

in other words, the sum of KRW 700,000,000 was remitted from the injured party, such as receiving KRW 500,000 from the said F to the said Agricultural Cooperative Account on August 8, 2014, and KRW 21,20,000,000,000 from August 27, 2014.

However, it was not clear whether the above construction existed at the time, and whether the person who ordered the above construction to contract the above construction to the defendant was actually able to contract the above construction to the defendant, and the defendant was a bad credit holder with a debt equivalent to about 60 million won without any money at the time, and part of the money received from the injured person was personally used. Even if the injured person received money from the injured person, there was no intention or ability to cause the injured person to contract the above construction to do so.

Accordingly, the defendant, by deceiving the victim, received money from the victim and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including D/D statements);

1. The police in relation to G.

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