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(영문) 수원지방법원 2016.01.13 2014고단6888
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On May 12, 2011, the Defendant was sentenced to a suspended sentence of one year and six months of imprisonment for fraud at the Suwon Fagwon, and the said judgment became final and conclusive on May 20, 201.

On June 17, 2010, the Defendant was the president of the Suwon branch office, Inc. (hereinafter referred to as “E”) located in five stories in Suwon-si D Building at Suwon-si, Suwon-si, and the president of the E branch office, “F and G,” who was awarded a contract for H new construction works in the Chungcheongnam-gu, Chungcheongnam-si.

H New construction works shall be subcontracted at the face of 200 million won with a security deposit for the construction works.

“A false statement” was made.

However, for the new H construction, the approval of the Minister of Culture and Tourism and the government subsidies were required for the new construction, and the Corporation I was not required to obtain the approval for the resumption of the construction from the Ministry of Culture and Sports Tourism, and the defendant was also aware of this, and there was no intention or ability to reduce the subcontracting of the H construction to the victim J (hereinafter “J”) that F is the president.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 5 million from the victim to the Agricultural Cooperative Account (K) in the name of the Defendant as a deposit money for the construction work, and acquired it by deceiving the victim more than ten times from around that time to October 22, 2010, including the transfer of KRW 135 million (hereinafter “the instant money”).

Summary of Evidence

1. A protocol concerning partial prosecutions and police interrogations of the accused;

1. Partial statement of a witness, L, G, or F;

1. Statement made by the police with respect to the N;

1. Details of passbook transactions, construction written agreements, performance notes, standard contracts for construction works, notes of implementation, copies of promissory notes, standard contract contracts for construction works, special agreement on the on-site of the relevant industry, summary of the same industry, contract for sales of scrap metal, and account transactions;

1. Previous conviction: A previous inquiry, inquiry, inquiry about summary of the case, and application of the text of the judgment;

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

1. To treat concurrent crimes;

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