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(영문) 창원지방법원 진주지원 2018.11.14 2017고단1148
사기
Text

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

Reasons

Punishment of the crime

The defendant had an office on the third floor of the building B in Gyeong-dong, Chungcheongnam-gun, and was the representative of C& corporation for the purpose of waste transport management business, etc., and the above company was a company with no business performance.

On February 3, 2016, the Defendant, at the office of the above C Co., Ltd. around February 3, 2016, was awarded a contract with the victim D with respect to the creation of E in Gyeongsung-gun located in Gyeongnam-gun.

The construction will begin at the end of February 2016, and G should begin from that time.

The contract performance deposit of KRW 100,000,000 is KRW 30,000,000,000, first of all, the right to operate the coal re-transport business.

“A false statement was made to the effect that it was “.”

However, in fact, the E development project began from around 2009, but the executor was suspended for several years without completing the purchase of the site due to the lack of funds, and it is anticipated that the designation of an industrial complex will be cancelled between full time and full time because there is no particular reason to expect the re-development of the project. As such, the Defendant, who had no specific property, entered into a nominal contract with the executor on November 201, 2015 with the obligation of full time and did not have any specific property as the contract for the above development project, and was able to use the project as the operating expenses of the company by receiving money from the damaged party, and even if the Defendant received money from the injured party, he did not have any intent or ability to reduce the right to use

The defendant deceivings the victim as above, and he acquired 30 million won from the victim to the H cooperation account under the name of C Co., Ltd. on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A certificate of transfer confirmation;

1. Application of Acts and subordinate statutes on police statements made to D;

1. Grounds for sentencing under Article 347 (1) of the Criminal Act that applies to the relevant criminal facts and that of the choice of punishment;

1. Recommendations for the application of the sentencing criteria: None of the persons subject to special sentencing in six months to one year and six months (basic areas):

2. Sentence;

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