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(영문) 서울중앙지방법원 2017.10.12 2017고단3617
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 24, 2016, the Defendant started to place an order for a small-sized convergence-based multi-use project (main) in D D office operated by the Defendant, located in Songpa-gu Seoul building A 602-2, and in D office (ju), with the victim F who operates the same kinds of artificial fishery chain (ju), for the purpose of “KT to conclude a business contract with G companies, and the conclusion of the contract between G companies and H has been completed.”

(State)D as a general manager, the 10 metropolitan areas of the Republic of Korea is to invite the site contractor to participate in the project, and the victim and the small and medium retail stores, and the multi-modal convergence shop contract was entered into for the nife nife nife nife.

However, the fact was that the specific business contents have not been determined, such as the conclusion of the business contract between the KT and G company, which is the operator of the business at the time, and therefore, the overall business contract between the KT and G had no authority or ability to re-subcontract it to the victim.

As such, the Defendant, by deceiving the victim, was given KRW 50 million in total, including KRW 30 million around March 7, 2016, and KRW 20 million around March 22, 2016, from the victim, under the pretext of contract performance deposit.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. A certified copy of the D registry, a name A, a certified copy of the E registry, a certificate of transfer confirmation, a mail, a standard subcontract agreement, a certificate of contents, a written answer verifying details, a written reply verifying details, a written agreement for selection of an interior business, a standard subcontract agreement, and a copy of the passbook;

1. Application of Acts and subordinate statutes to each investigation report (the details of inquiry into the current status of the relevant corporation, accompanying the details thereof, and reporting in the F.

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. Comprehensively taking account of each of the evidence stated in the reasoning for sentencing under Article 62(1) of the Criminal Act, the Defendant is at the time.

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