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(영문) 대구지방법원 서부지원 2015.06.26 2014고단580 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Defendant and B are those who undertake apartment redevelopment in Daegu Metropolitan City Jung-gu, and B are those who have been awarded a contract for the removal work due to the above redevelopment, and they are planned to receive the removal construction deposit and obtain it from the defendant under the pretext of giving a subcontract.

At around 13:00 on June 12, 2007, the Defendant, along with B, made a false statement to the victim D, stating that “The removal work following this redevelopment will take place to B and B, and the money will take place to B,” and the victim D would have “The removal work would have been awarded to A, because it would have been awarded the removal work in the middle-gu Seoul metropolitan area.”

However, at the time of fact, the application for redevelopment or reconstruction was not received in the building house of the Daegu Jung-gu Office with respect to the apartment in Daegu Jung-gu, and the defendant and B did not have the intent or ability to reduce the subcontracted construction to the victim.

Defendant and B were issued 50 million won cashier’s checks ( check number E, F, G, H, and I) from the victim, that is, 10 million won in the name of the deposit for the removal work.

Accordingly, the defendant was given property by deceiving the victim in collusion with B.

Summary of Evidence

1. Some of the interrogation records of the prosecution concerning B;

1. Partial entry of the police interrogation protocol of the accused;

1. Each police statement concerning D;

1. Each investigation report (related to tracking checks);

1. Receipt and receipt of the transaction;

1. Each contract for removal works;

1. Application of Acts and subordinate statutes on cashier's checks;

1. Relevant Articles of the Criminal Act and Articles 347(1) and 30 (Selection of Imprisonment) of the Criminal Act concerning criminal facts.

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