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(영문) 서울남부지방법원 2017.09.22 2016고단3867
사기
Text

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

The defendant will pay 30 million won to the applicant by fraud.

Reasons

Criminal facts

On February 11, 2011, the Defendant was sentenced to imprisonment with prison labor for one year and six months in Seoul Southern District Court on December 19, 201, and one year and six months in Seoul Southern District Court on March 21, 201, and one year and one year in Daegu District Court on March 21, 201, and completed the execution of the final sentence on February 10, 2014.

On November 23, 2015, the Defendant entered into a subcontract with the victim B, the representative director of the FF corporation, in the name of the D representative director E of the Geumcheon-gu Seoul Metropolitan Government building A, Dong 701, and entered into the subcontract with the victim around November 23, 2015.

In order to change the design, the design office and the private individual corporation should provide money to the Dom, and it is necessary to subcontract the steel reinforced concrete construction among the new construction works if the 30 million won is awarded.

“The phrase “ was false.”

However, the Defendant did not have any connection with D Co., Ltd., and since the construction of the above exclusive parking building was without any progress, such as the construction of the construction of the construction of the construction of the new parking building, there was no intention or ability to subcontract the steel reinforced concrete construction even if he received money from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; and (b) obtained a total of KRW 10 million from the victim to the agricultural bank account in the name of the Defendant H on November 24, 2015; (c) KRW 10 million on December 1, 2015; and (d) KRW 10 million on December 11, 2015; and (c) obtained a delivery of KRW 30 million on December 11, 2015.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Each police statement made to I and J;

1. Written complaint;

1. A certificate of deposit confirmation, standard subcontract contract for construction works, business registration certificate (D), and payment note;

1. Previous convictions: References to inquiries, such as criminal history, investigation reports by the prosecution ( current status of confinement and attachment of the same judgment), and application of statutes on the current status of confinement;

1. Relevant Article 347 of the Criminal Act concerning the crime and Article 347 of the Criminal Act concerning the choice of punishment (in comprehensive) and imprisonment with prison labor;

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