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(영문) 서울중앙지방법원 2016.07.13 2015고단3612
사기
Text

A defendant shall be punished by imprisonment for one year.

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

(e).

Reasons

Punishment of the crime

The defendant is the head of the office of the Incorporated Foundation C.

On May 26, 2014, the Defendant, at a law firm Enotarial office located in Seocho-gu Seoul Metropolitan Government, would have the victim F deposit the deposit of KRW 400 million for the performance of the construction and installation works at the site of the construction of the Y on the 25th, Y on the 25th, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, and the foundation C, to the account of the foundation.

The construction performance guarantee was completed by the Corporation and prepared a promissory note fair certificate with face value of KRW 400 million to the effect that it would return funds from the Ministry of Culture and Sports tourism around August 26, 2014.

However, in fact, C, an incorporated foundation, was performing the above H construction from around 2000 to 2003, and the construction was suspended due to the lack of construction cost. On the ground that the portion of the state subsidy of KRW 4 billion granted by the Ministry of Culture and Tourism, which was collected by the incorporated foundation, was borrowed from the bonds borrowed from the government subsidy of KRW 4 billion, and under police investigation, the State subsidy of KRW 4 billion shall be returned to the Culture and Tourism Ministry, and there is a situation in which the State subsidy of KRW 4 billion has reached an amount equivalent to KRW 4 billion, such as bonds, and there is no particular income and there is no intention or ability to return or redeem the payment to the victim, and there was no intention or ability to reduce electrical construction and installation works

On May 29, 2014, the Defendant, by deceiving the victim as such, received 400 million won from the Korean bank account (Account Number: I) of the name of the Incorporated Foundation C to receive 400 million won under the name of the performance deposit from the victim.

Summary of Evidence

1. Part of the witness F recorded in the recording file of a legal recording system among the second public trial records;

1. A protocol concerning the examination of the accused by the prosecution (including the J and F statement);

1. Protocols concerning the examination of suspects to the prosecution of K (including the statement of the accused);

1. Application of Acts and subordinate statutes on a fair deed;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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