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Reasons
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(영문) 대전지방법원 2015.02.05 2014고단2494
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On January 30, 2013, the Defendant made a false statement to the victim E at the D site office located in the Gu-Si, Si, Gu-si, stating that “Around January 30, 2013, the Defendant is entitled to perform D Removal and Remodelling Works in the Gu-Si, Gu-Si, Si, and Gu-Si, so that the Defendant can purchase the entire quantity of scrap metal generated in the process of construction at the site as a contract deposit.”

However, on October 4, 2011, the Defendant entered into a contract for the removal and remodeling work with the F, claiming that the aforementioned D is the representative of the executing company of the said removal and remodeling work, but the said work was not carried out more than two years. At the time of the said contract, the Defendant agreed to allow G to purchase all of the scrap metal generated during the said construction work and demanded G to pay KRW 50 million. However, even if the Defendant continued to receive a request for return of money from G due to failure to carry out the said construction work, it was sufficiently known that the removal and remodeling work could not be carried out within a short period in light of the foregoing circumstances. On November 28, 2012, the said contract was renewed to the third third day, and the Defendant did not have the ability to provide such payment to F, and thus, the Defendant did not have any capacity to sell or buy the said scrap metal even if having received the said money from the victim.

The Defendant, by deceiving the victim as above, received KRW 50 million from the victim as the down payment on the same day as the down payment, and fraudulently acquired it.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E, G and H;

1. An interrogation protocol of the accused by the prosecution (including the E substitute part);

1. A copy of the police interrogation protocol of I; and

1. A copy of each police statement made to the F; and

1. A specification of transactions;

1. A scrap metal contract;

1. A contract for removal;

1. A copy of the contract;

1. Loans;

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