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(영문) 수원지방법원 성남지원 2014.04.09 2013고단499
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 24, 2009, the Defendant was sentenced to six months of imprisonment with prison labor at the Seoul Central District Court for fraud, etc. and the above judgment became final and conclusive on July 2, 2009.

1. On February 2, 2006, the Defendant made a false statement to the victim E at the D hotel coffee shop located in Songpa-gu Seoul, Songpa-gu, Seoul, stating that “A project may be ordered to remove a construction site for F apartment-type factory construction in Sungnam-gu, Sungnam-gu, Sungnam-gu, Seoul, and that a KRW 50 million should be paid to the original office as a construction deposit.”

However, in fact, the defendant had no intention to pay the full amount of the money received from the defendant to the original office because he paid only KRW 20 million to G, the original office, and the remaining money was planned to be used for personal purposes.

On April 19, 2006, the Defendant: (a) by deceiving the victim; (b) transferred the amount of KRW 30 million from the victim to the new bank account in the name of his father on April 19, 2006; and (c) KRW 20 million from the 21st day of the same month to the new bank account in the name of his father H on April 21, 2006; and (c) acquired the remainder of KRW 30 million by fraud.

2. On March 1, 2006, the Defendant made a false statement to the victim E at the D hotel coffee shop located in Songpa-gu Seoul, Songpa-gu, Seoul, stating that “The Defendant would give approximately KRW 500 million to the victim E an order to remove the I building in Seoul, Gwangjin-gu, Seoul, to pay KRW 10 million in return.”

However, the defendant did not have the intention or ability to receive the construction work.

On March 17, 2006, the Defendant, by deceiving the victim, received money of KRW 10 million from the victim to the account in the above H’s name and acquired it by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The statement of E in the police interrogation protocol of the accused;

1. Statement to E by the police;

1. A subcontract agreement and a contract for removal works;

1. Each investigation report (No. 19,22 of the evidence list);

1. Previous convictions in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (No. 20)

1. Relevant provisions concerning facts constituting an offense;

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