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(영문) 서울서부지방법원 2016.06.16 2015고정1622
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

Defendant

C On July 18, 201, in the vicinity of the construction site of an officetel located in Yeongdeungpo-gu, Young-gu, Seoul around July 18, 201, “The victim E is awarded a contract for the construction of an officetel, and the installation cost of an officetel is leased KRW 10 million in return for the reduction of the installation cost.” The detailed contents are as follows. Defendant A means, at the Defendant’s office located in Songpa-gu, Seoul on July 19, 201, that “I would allow the above victim to carry out the construction work site of an officetel.” At that time, Defendant C calls again to the victim and then Defendant C needs to pay KRW 10 million in the amount to reduce personnel expenses for the construction work site of an officetel.

In order to make the facility works, it was called that the facility works will be divided into KRW 10 million.

However, even if the Defendants borrowed money from the injured party, they did not have the intent or ability to provide the facility works to the injured party, and there was no intention or ability to pay the borrowed money to the injured party.

The Defendants, as such, by deceiving the victims as such, received KRW 2 million from the victim, to the Agricultural Cooperative Account (I) of H on July 25, 201, and received KRW 5 million in total from the same account on August 1, 2011, and received KRW 7 million in total from the said account.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the examination of the police officers of the accused;

1. Legal statement of witness E;

1. Investigation report (related to the currency of the president of the civil engineering work company at the construction site in this case);

1. Documents attached to written complaint;

1. Records for gathering sound records;

1. A copy of the facsimile service contract;

1. Application of Acts and subordinate statutes on account details;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the selection of fines for the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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