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(영문) 대구지방법원 2013.11.14 2013고단3023
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On May 3, 2012, the Defendant stated that “If the construction of human nature of a stock company was subcontracted by the said company to take charge of the implementation and construction of new factories, if the construction of human nature of the stock company was subcontracted to the said company for the whole construction of a new factory, it would be subcontracted to the said company for the part of the civil construction work.”

However, in fact, the above new factory construction corporation did not have any relation to the execution or construction of the above new factory construction corporation due to the construction executed by the Hyum Ballast Co., Ltd., and even if the defendant received money from the victim as a contract bond, he did not have any intention or ability to subcontract the above new factory construction to the victim.

The Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the account of community credit cooperatives (Account Number F) in the name of Co., Ltd. in the name of the victim, and acquired it by transfer.

Around April 20, 2011, the Defendant stated that “When the Defendant pays KRW 15 million to the victim as the contract deposit for the removal of scrap metal, it would bring about the removal of scrap metal to the Plaintiff at the site of the urban-type construction works in the city-type housing in the Nowon-gu Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City.”

However, the defendant did not have any authority over the above construction site, and there was no intention or ability to remove scrap metal to the victim.

The Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the passbook in the name of the victim as the contract deposit for the removal of scrap metal on the same day.

Summary of Evidence

"2013 Highest 3023"

1. Defendant's legal statement;

1. Statement of the police statement to J;

1. The submission of data as the complainants of each investigation report - the receipt and the contract, etc.

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