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(영문) 대구지방법원 2016.02.19 2015고단3356
사기
Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal records] The defendant was sentenced to a suspended sentence of two years for a period of six months for a crime of fraud at the Goyang Branch of the Jung-gu District Court on May 27, 2009, and the judgment became final and conclusive on November 21, 2009. On April 6, 2011, the Chuncheon District Court sentenced a two-year imprisonment for a crime of fraud, etc. on May 24, 201, which became final and conclusive on May 24, 201, and on June 4, 2012, the Seoul East District Court sentenced a two-year suspended sentence of imprisonment for six months for a crime of fraud at the Seoul East District Court on June 22, 2012.

[2] On April 25, 2008, the Defendant borrowed KRW 30 million from the D Company's office operated by the Defendant in Yeongdeungpo-gu Seoul Metropolitan Government around April 25, 2008 to the victim E to provide a subcontract for the construction work equivalent to KRW 4.6 billion among the F apartment construction work in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu. The Defendant borrowed KRW 30 million to the victim E. When the construction work is carried out immediately, the Defendant will return the money if the construction is paid in addition to KRW 10 million and the construction work becomes known.

The phrase “ makes a false statement.”

However, in fact, the construction site of the said apartment construction site was not properly conducted for the purchase and construction site and access road, and it was interrupted after August 30, 2007, and the Defendant already ordered others to subcontract the construction of the said new apartment construction site and the construction of the machinery and equipment and the structural structure of the said new construction.

Since there was no change in the number of million won after delivery, even if the victim borrowed money from the injured party, there was no intention or ability to allow the injured party to proceed with the subcontract installation works or to repay the borrowed money.

The defendant deceivings the victim as above and received KRW 30 million from the defendant's account on or around April 28, 2008 under the pretext of borrowing money from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of E in the police interrogation protocol for the accused;

1. Results of deposit transactions, copies of standard contract contracts for private construction works, certificates of remittance, investigation reports (man in charge of book delivery and suspect currency);

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