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(영문) 부산지방법원 2013.09.26 2012고단10440
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 14, 2008, the Defendant made a false statement to the victim E at the office of the company D, a corporation located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, that “D will accept D and enter it as the representative director until November 14, 2008,” and the Defendant decided to construct the Franchising Franchising Facilities in Chungcheongnam-gu, Chungcheongnam-do. However, the Defendant would have entrusted the construction of the structural structure among them. However, as the steel bars are required to pay 20 million won as the down payment, the Defendant would be able to supply steel bars equivalent to 50 million won if he pays it in advance as the down payment to the customer.”

However, the facts revealed that the defendant only lent the D's license at that time, and there was a lack of funds to take over the above company, and that there was a difference in the construction amount between the victim and the non-indicted G, so the defendant alone did not have the intention or ability to give a subcontract for the above 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's 's '''.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim as the down payment on November 1 of the same year as the down payment, and acquired it by deception.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness G and E’s legal statement;

1. Complaint;

1. Application of Acts and subordinate statutes to a written confirmation, each standard subcontract agreement for construction works;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. It is so decided as per Disposition on the grounds of Article 62(1) of the Criminal Act (the de facto damage has been recovered, the circumstances of this case, etc.) or more;

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