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(영문) 광주지방법원 2017.12.15 2016고단3829
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On April 2012, the Defendant made a false statement to the victim at the site of the victim D's landscaping work in Gangwon-do, Gangwon-do, a company serving in the Republic of Korea, stating that "The Defendant will take part in part in the part of the Gangwon-do High-gun G Creation work ordered by the (State) F, and that the part of the landscape construction work will be entrusted, so that the subcontract deposit may be changed."

However, there was no authorization and permission for the progress of the above development project, and there was no project progress fund, and around October 27, 2009, H&A entered into a contract for the above construction project with H&F with the private party (State). On July 2010, the defendant was awarded a contract deposit of KRW 10 million with H(State) and the above civil construction project was not permitted, but the project was not carried out at all due to the lack of the project progress fund. In addition, on June 2, 2011, the defendant acquired the comprehensive construction E with I and had the general executive director work as a result of the above construction project. Accordingly, the defendant did not have any intent or ability to cause the victim to pay for the above landscape construction project, while the defendant did not have any property or income, while he did not return the contract deposit or guarantee deposit to the victim with respect to the rental apartment project in 197.

As such, the Defendant: (a) by deceiving the victim; (b) obtained the payment of KRW 30 million under the name of the subcontract deposit from the victim to the account (J) account in the name of the Defendant in the name of the victim; and (c) obtained the payment of KRW 30 million on June 14, 2012; and (d) obtained the payment of KRW 4750,000 on December 21, 2012 and obtained the payment of KRW 4750,000 in total as the cost of implementing the project.

Summary of Evidence

1. Part of the witness K in the second public trial protocol in which the defendant's partial statement of the witness D in the court room, and the witness's statement in the second public trial protocol in the second public trial protocol.

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