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(영문) 광주지방법원 2013.10.10 2012고단4915
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

Around November 16, 2005, the Defendant issued a false statement to the victim E, that “A golf club down construction was ordered, and the retainer payment was delayed, and did not prepare initial costs.” As such, if the Defendant borrowed KRW 20 million, it would give a subcontract for electrical construction and pipeline construction during the golf club down construction. Moreover, the Defendant would pay KRW 20 million as the retainer payment was received.”

However, at the time, the Defendant did not receive any order from the said construction, and had the intent to use it for personal debt repayment, etc. from the victim, so even if he borrowed money from the victim, the Defendant did not have the intent or ability to subcontract the said electrical construction, etc. and did not have the ability to repay the money from the victim.

The Defendant, by deceiving the same victim, received the remittance of KRW 20 million from the victim as the borrowed money on the same day.

Around September 23, 2006, the Defendant 2012 Godan5603 stated that “In 201, the Defendant was ordered the Victim G to build the Gangwon-gu Seoul Metropolitan Government Hacheon-dong Branch of H Company 201, “In Haak-dong 633-1, Goyang-dong 633-1, and was ordered by H Company for the construction of the Gangwon-do Hayang-dong 633-1. Among them, the Defendant would give a subcontract for the price of the earth, facilities, structures, structural structures, and panel works in KRW 3250,000,000,000 as a fee.”

However, the Defendant was not the head of the Hacheon-dong Branch, and the H was not the head of the Hacheon-dong Branch, and there was no fact that the H was the head of the Hawon-dong Center.

The defendant, by deceiving the same victim, received 10 million won from the victim in the same place as a fee, and acquired it by deceit.

Summary of Evidence

2012 Highest 4915

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. A certificate of borrowing and a certificate of deposit without passbook 2012 high-end 5603;

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1.The letter of payment.

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