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(영문) 서울남부지방법원 2017.09.06 2016고단3470
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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 October 20, 2010, the Defendant: (a) around October 20, the Seoul Yeongdeungpo-gu Seoul Metropolitan Government Building C Building 602 owned the technology to dismantle and dispose of the waste transformer; and (b) received the order from the Korea Electric Power Corporation to dismantle the waste transformer.

In the event of investment of KRW 500 million, scrap metal generated from the dissolution of waste transformers will be supplied.

“The phrase “ was false.”

However, the Defendant did not receive any order from the Korea Electric Power Corporation to dissolve the closed voltage, so even if he received money from the injured party under the pretext of investment, the Defendant did not have any ability or intent to supply the scrap metal generated from the dissolution of the closed voltage to the injured party.

Nevertheless, the Defendant made a false statement to the victim and received 75 million won in the national bank account (E) in the name of the Defendant on the same day from the victim, as above, from the victim.

Accordingly, the defendant acquired 75 million won from the injured party.

Summary of Evidence

1. Legal statement of witness F;

1. Statements made by witnesses D and G in the fifth public trial records;

1. Entry of the accused in part of the protocol concerning the examination of the suspect in the first prosecutor's office;

1. A contract for material treatment services;

1. A copy of a bankbook transaction;

1. The investigation report (G reference materials) (in light of the following circumstances acknowledged by the evidence duly admitted and investigated by this Court, the facts charged of this case shall be sufficiently recognized:

1. In this Court, the Defendant entered into an investment agreement with F in relation to the Esp-related earth and sand supply business, and the investment amounting to KRW 75 million was delivered to F via the Defendant.

The Defendant is arguing that the Defendant did not receive KRW 75 million from the injured party in relation to the pulmonary pressure program.

② The victim D consistently provided the Defendant with an investment amount of KRW 75 million from investigative agencies to this court.

“.....”

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