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(영문) 대구지방법원 의성지원 2017.01.12 2016고단238
사기
Text

A defendant shall be punished by imprisonment for not less than two months.

Reasons

Punishment of the crime

[criminal records] On November 10, 201, the Daegu High Court sentenced five years of imprisonment and a fine of 300 million won to a crime of violating the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) at the Daegu High Court, which became final and conclusive on February 9, 2012. On January 20, 2012, the Daegu District Court sentenced four months of imprisonment and eight months of imprisonment to a third party for fraud, etc. and became final and conclusive on February 20, 2012.

[2] The Defendant was the actual representative of D Co., Ltd. (hereinafter “D”) established to implement the Daegu C market improvement project, and the Defendant, upon the aggravation of D’s financial standing, was willing to obtain money from the victim E as a contract deposit by making a false statement to the effect that the Defendant would select the victim E as a civil servant of the C redevelopment project.

On March 31, 2009, the Defendant, at the D Office located in the Daegu Jung-gu, Daegu 101-13th floor, stated that “C redevelopment project owner is H and D is a maintenance and management contractor who is a maintenance and management contractor and D is a contractor for H, so that the contract deposit amount of KRW 50,000,000 may be paid monthly operating expenses to the said Association.

If the construction is not ordered, there is money to receive 900 million won even if the construction is not ordered, so it does not cause any damage.

The phrase “ makes a false statement.”

However, in fact, the defendant thought that he would receive money from the injured party, and that he would be able to receive money from the subcontractor, and that the selection of the subcontractor is the authority of the contractor, so the defendant did not have a view to allowing the injured party to receive civil engineering works, and only can he recommend the subcontractor to the contractor, so there was no intention or ability to have the subcontractor receive civil engineering works as promised by the injured party.

As such, on April 1, 2009, the Defendant deceptioned the victim, and acquired the contract deposit amount of KRW 50 million from the victim to the D Corporation account on April 1, 2009 as the contract deposit.

Summary of Evidence

1. The defendant's person;

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