logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2016.01.25 2015고단7386
사기
Text

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

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

Reasons

Punishment of the crime

[criminal records] On October 22, 2015, the Defendant was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution in the Incheon District Court’s Branch Branch Branch, and the judgment became final and conclusive on October 30, 2015.

[Criminal facts] On December 15, 2007, the Defendant is a supervisory director belonging to the Korea Institute of Construction and Technology to the victim F who wishes to receive a free construction project introduced from E in the G restaurant of the 2nd floor C2, Sungnam-gu, Sungnam-gu, Sungnam-gu.

In order to perform construction work smoothly, it should be seen well by the public corporation, and it is the way for the public corporation to enter the horses well.

On the pretext of expenses, 40 million won is ordered until March 31, 2008 to be the glass Corporation for the Open Power Complex of the Republic of Korea and six main apartment complexes located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Yeongdeungpo-gu.

“A false representation was made.”

However, the defendant is not a supervisory director of the Korea Institute of Construction, and the defendant did not have the intent or ability to receive orders from the victim for the consent of the main apartment construction works and six main apartment complexes located in Yeongdeungpo-gu Seoul Metropolitan Government Silsan-dong.

The Defendant, as such, by deceiving the victim, was delivered KRW 2 million on December 17, 2007 from the victim for expenses, and KRW 3 million on December 18, 2017, and was transferred to the Defendant’s National Bank account as the Defendant’s account on December 17, 2007, KRW 10 million on December 18, 2007, KRW 10 million on December 18, 2007, KRW 6 million on December 26, 2007, and KRW 7 million on January 2, 2008.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with regard to F;

1. A certificate of deposit, details of passbooks, and a certificate of cash custody;

1. A complaint;

1. Previous convictions in judgment: Investigation report (Attachment to a final judgment by a defendant), inquiry into consolidated cases, and application of Acts and subordinate statutes of judgment;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Act on the stay of execution (see, e.g., Supreme Court en banc Decision 2006Da1548, Apr.

1. The sentencing of Article 62-2 of the Criminal Code of the Social Service Order is determined [the type of determination] fraud, general fraud, and general fraud.

arrow