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(영문) 서울남부지방법원 2016.07.01 2015고단4884
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is a director of C Co., Ltd.

The Defendant, around March 10, 2014, at the F Office of Victim E’s Operation in Geumcheon-gu Seoul Metropolitan Government around March 10, 2014, entrusted the victim with the construction of a composite apartment of H H that is in force in Pyeongtaek-si G and 2, and ordered to subcontract the construction of machinery among them.

First of all, the construction cost of KRW 50 million will be lent by May 10, 2014.

“A false statement” was made.

However, in fact, the Defendant did not obtain the contract performance guarantee insurance policy even though it entered into the construction contract with the said H, which is the main owner of the construction, and was not issued the said H’s construction site due to the shortage of construction funds, and the construction was not performed at the said construction site. Therefore, the Defendant could not subcontract the construction of machinery at the said construction site to the victim. At the time, the Defendant did not have any capacity or intent to repay the construction even if he borrowed money from the victim

Nevertheless, the defendant deceivings the victim as such and obtained the delivery of KRW 46 million from the victim as the borrowed money on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. A protocol concerning the interrogation of the accused by the prosecution (including the E statement part);

1. Statement by J in the third police interrogation protocol against the accused;

1. Statement made by the police for E;

1. A written statement of the I stock company;

1. Complaints of E preparation;

1. Investigation report (the telephone of an electricity business operator entering into a contract with a suspect);

1. Each investigation report (to make a reference witness telephone conversations, K telephone conversations, L/ E-line telephone conversations);

1. Investigation report ( telephone conversations between K and complainants);

1. A copy of a loan certificate or promissory note;

1. Standard subcontract agreement for construction business;

1. The Defendant entered into a contract for construction with the I Co., Ltd. (hereinafter “I”) on the construction of a composite apartment in H state (hereinafter “instant construction”).

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