(영문) 서울중앙지방법원 2014.05.01 2013고단7434

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(영문) 서울중앙지방법원 2014.05.01 2013고단7434

사기

Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant performed duties, such as attracting investment by C Co., Ltd. (hereinafter referred to as “C”) and subcontracting of the Project.

On March 201, 201, in C around March 201, a new subcontractor was colored due to the failure to pay KRW 30 million deposit for the construction cost in D, although C intended to give a subcontract for the interior removal of Seoul E building and the complete removal of Songpa-gu Seoul F building (total construction cost of KRW 331,200,000).

The Defendant only ordered the removal of the E-building from the owner of the building, but did not conclude a specific contract with the owner of the building or have ordered the removal of the F-building, so even if he received KRW 30 million in the name of two deposits, he did not have the intention or ability to collectively subcontract two construction works to the subcontractor.

Nevertheless, on March 2, 2011, the Defendant: (a) had the victim H’s agent, who was the director of the E-building Removal Construction Site; (b) had the victim H’s agent, discovered the removal of the subcontracted project; (c) had the victim, “I would make all of the E-building and F-building removal works in progress in the face of 30 million won in C; and (d) had the victim, through I, remitted KRW 30 million to the account of J, the Defendant’s agent; and (c) had the victim, who received some of the money from J, the Defendant’s agent, and offset the other Defendant’s claim against the Defendant.

Accordingly, the defendant deceivings I, thereby deceiving 30 million won from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The legal statement of the witness K, J and I;

1. Application of the respective police protocol of statement to H, K, J, and I (including the cross-examination) legislation;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The Defendant alleged to the effect that there was no intention of deception or deception, but according to evidence such as the witness J and I’s legal statement, etc.

참조조문

-형법 제62조 제1항

-형법 제347조 제1항

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