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(영문) 서울남부지방법원 2015.06.05 2015고단470 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 12, 2014, the Defendant was sentenced to six months of imprisonment for a crime of fraud in the Goyang Branch of the District Court, and the said judgment became final and conclusive on December 26, 2014.

On October 14, 2011, Co-Defendant R, Ltd, operated by the Defendant on the fourth floor of Yongsan-gu Seoul Metropolitan Government, stated that “In the office, there is a freezing warehouse in Chungcheongnam-si,” “The Korea Highway decided to expropriate the above building in front of the freezing warehouse before the freezing warehouse, and talked about U.V., the above freezing tenant, with the right to remove the building at the intervals of the right to remove the building. We were again entrusted with the above right to remove the building from V. As the consultation with the Korea Highway completed, I would like to make the above building demolition construction and to make the scrap rail and non-railroads generated while removing the building at the same time.”

However, the Defendant and R did not have the right to remove the above freezing, and there was no way to consult with the Korea Highway Corporation. However, V, the tenant of the above freezing warehouse building, sent to the Korea Highway Corporation only a co-written cooperation with the content of requesting the right to remove the above warehouse. Therefore, even if the Defendants received money from the victim, they did not have the intent or ability to permit the removal of the above building.

On October 13, 2011, in return for deceiving the victim and allowing the victim to perform the removal work, the Defendant and R acquired KRW 5 million from the R’s account in the name of the victim, KRW 25 million with the same account on October 14, 201, KRW 20 million with the same account on December 5, 201, and KRW 32 million with the Defendant’s name.

Summary of Evidence

1. Partial statement of the defendant;

1. An interrogation protocol of R by the prosecution;

1. Statement by the prosecution against S;

1. A written agreement, a written confirmation, or a written contract;

1. A contract for the removal of obstacles and remainder disposal works;

1. Mail, power of attorney or written agreement (No. 17)

1. A previous conviction in judgment:

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