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(영문) 광주지방법원 2013.11.22 2013고단4677 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Around July 28, 2011, the Defendant: (a) performed a friendly relationship with the victim H at the G Office of Company G located in the Busan East-gu, Busan-gu, with the person related to the site of the Korea Water Resources Corporation, which is the place of ordering the flood control dam construction project, scheduled in YY I, and the J president, who ordered the said construction; and (b) performed a contract related to the said construction as if he/she had followed such connection; and (c) performed his/her position as if he/she had formed a contract related to the said construction, he/she had performed a contract for the gathering of soil and sand from the total soil and sand collected at the site of the said construction at the site of the construction at the site of the construction at the port of Busan-gu, Busan-do; and (d) had entered a lot of money to comply with the construction at the site of the construction at the site of the construction at the site of the construction at the site of the construction at the site of the construction at the site of the construction at the site of the construction at the State.

However, at the time, the Defendant did not have secured the right to gather earth and sand, and did not have any participation in the tendering procedure to secure the above business license. Since the Korea Water Resources Corporation did not have any specific relationship with a related party at the construction site and did not have any status to secure the above business license, even if the Defendant received money from the victim, there was no intention or ability to transfer the above business license to the victim.

As such, the Defendant, by deceiving the victim, received KRW 50 million from the victim’s name to the national bank account under the name of the Defendant, and received a total of KRW 130 million from March 12, 2012, as shown in the attached list of crimes, on a total of six occasions until March 12, 2012.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. The prosecutor's statement concerning H;

1. The police statement of K;

1. Details of passbook transactions, and a certified copy of passbook transactions;

1. A witness for an investigation report L.

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