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(영문) 서울북부지방법원 2016.08.18 2015고단4651
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

From 2012 to April 2014, the Defendant served as the representative director of Jongno-gu Seoul Jongno Office Ctel 603.

On October 22, 2013, the Defendant received an order from the victim F, who was introduced by the land-person E from around Ctel 603 around October 22, 2013, for an industrial complex construction project in G at port.

Among them, a false statement was made with the victim who believed it to have entered into a transportation contract with the victim who believed it to have the right of wood construction, and with the victim who believed it to have entered into a transportation contract for wood construction and soil and stone collection of KRW 10 million.

However, in the case of G industrial complex, since the approval of industrial complex plan was obtained on September 21, 2010 and the commencement was not made until October 2013, it was not ordered that D operated by the defendant had been ordered to work. Meanwhile, the defendant was the head of D's headquarters.

He was aware of the fact that he received orders from H and believed it as a representative director of the company, and entered into the instant contract with the victim without confirming the receipt of orders from the victim. Accordingly, even if he received the payment from the injured party, he did not have the intent or ability to grant the victim the right of construction of spbles and the right of transportation for collecting soil and stones in the industrial complex, and he did not have the intent or ability to use the right of construction for personal purposes, such as office rent, etc., or to pay it to H.

Ultimately, the Defendant, by deceiving the victim, received the total sum of KRW 18 million from the victim to the Agricultural Cooperative Account (I) in the name of the Defendant, KRW 2 million around October 23, 2013, and KRW 10 million around October 25, 2013.

Summary of Evidence

1. Statement by the defendant in court;

1. F statement concerning the accused in the police interrogation protocol of the suspect;

1. A criminal investigation report (or a relative investigation by a public official in charge of watching at ports);

1. Contract, each financial transaction statement, construction site;

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