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(영문) 서울중앙지방법원 2015.02.12 2013고단3188
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months.

Defendant

B. The summary of the judgment on Defendant B is not known to the public.

Reasons

Punishment of the crime

On December 12, 2013, Defendant A (criminal record) was sentenced to a suspended sentence of two years in the Seoul Eastern District Court for fraud, and the said judgment became final and conclusive on the 20th day of the same month.

【Criminal Facts】

Defendant

A around April 7, 201, A said, “A is the operator of G, and around April 7, 201, the victim M, who is the operator of K (owner) through (i) G adviser I, (ii) G department of electric affairs, and vice president L of K (ju), delegated the facility management services of H building to K (owner), who will give the facility management services to K (owner).”

However, Defendant A did not have been delegated with H building facility management services; Defendant A did not have any authority over H building; Defendant A did not think of personal use of H building with money from the victim; Defendant A did not have any other property because he was a bad credit holder due to a debt of KRW 20 million.

Nevertheless, Defendant A received a total of KRW 374,935,555 won from April 7, 2011 to April 1, 2012, including the receipt of KRW 50,000,000 from the victim to the agricultural bank account in the name of the Department of Justice in the name of guarantee contract, as above, and acquired a total of KRW 26 times from April 7, 2011 to April 1, 201, by fraud.

Summary of Evidence

[Defendant A]

1. Defendant A’s legal statement

1. Partial statement of the witness N;

1. Statements and records of witnesses M in the fifth trial records;

1. Statement made by a witness in the sixth trial records;

1. Statements made by witnesses in the 8th trial records;

1. A protocol concerning the examination of each police suspect against L, I, or P;

1. Statement of the police statement of M (including the first, second, and second data submitted), statement of money borrowed, and statement of performance in relation to M;

1. A service agreement, a certificate of the performance of building management services, a certificate, or a service contract;

1. Deposit and withdrawal transactions (L and J account), investigation reports (Submission of L-In-Grounds, Check-In-House List, J telephone Statements Hearing), requests for financial transactions and replies;

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