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(영문) 수원지방법원 안양지원 2014.10.08 2014고단563
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

Around December 9, 2009, the Defendant made a false statement to the effect that, in the coffee shop located in Gangnam-gu Seoul Metropolitan Government, the Defendant would complete the retaining wall and the Red Sea Hamp house construction work in the Co., Ltd. (hereinafter referred to as the “Co., Ltd.”) to G, an operator of the Co., Ltd. in the Co., Ltd. in the Co., Ltd. in the Co., Ltd. in the Co., Ltd. in the Co., Ltd. in the Co., Ltd. in the Co., Ltd. in the Co., Ltd. in Seoul, the Defendant would complete the retaining wall and the Red Sea Hamp construction work in the Co., Ltd. in the Co., Ltd. in the Co., Ltd. in the U., Ltd. in the U. in the U. in

However, in fact, the defendant's establishment of the LOH was later on January 13, 2010, and it was not possible to purchase the Sea Sea LOS because it was impossible to enter into an agency contract with the LOBS Korea (In SOBS) which sells the Sea Sea LOS due to the lack of business registration, and at the time, the defendant did not have any intent or ability to complete the above construction, even if he did not receive the construction cost due to the lack of any property or income from the bad credit holder, and even if he did not receive the construction cost, he did not have any intention or ability to use the equivalent amount for other purposes, such as living expenses and repayment.

The Defendant, by deceiving G as such, received KRW 20 million from the victim company as the contract deposit for construction work on December 10, 2009, KRW 25 million as the intermediate payment for construction work on December 23, 2009, and KRW 5 million as the intermediate payment for construction work through K on January 11, 2010, respectively, and acquired KRW 50 million in total as the intermediate payment for construction work through K on December 11, 201.

Summary of Evidence

1. Second prosecutor's protocol of examination of the accused;

1. Police suspect interrogation protocol of the accused (one right to investigation record 11-22 pages);

1. Protocol of the police statement concerning G;

1. Determination on the Defendant and defense counsel’s assertion of receipts and corporate bank account transactions

1. First, the defendant and his defense counsel asserts that the defendant did not receive construction cost of five million won from the victim company.

However, the victim company is the victim company on January 11, 2010.

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