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(영문) 인천지방법원 2015.05.08 2014고정4025
사기
Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On January 31, 2013, the Defendant was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Seoul Northern District Court, which became final and conclusive on October 16, 2013.

【Criminal Facts】

On March 12, 2012, the Defendant received orders from E for the removal of “D cafeteria” as the “D cafeteria,” and then subcontracted the removal work to F on June of the same year, so even if the Defendant received money from the victim G for the fee or expenses, the Defendant did not have any intent or ability to subcontract the said removal work to the victim.

Nevertheless, on July 21, 2013, the Defendant made a false statement to the victim G, stating, “The Defendant was entrusted with a contract for the removal of the D cafeteria located in the Pakistan-si.”

Accordingly, on July 21, 2013, the Defendant transferred KRW 2,000,000 to the National Bank Account (I) in the name of the Defendant’s father-H on July 21, 2013, and received KRW 5,000,000 from the Defendant’s account of community credit cooperatives (J) in the name of the Defendant on July 27, 2013.

Summary of Evidence

1. Legal statement of K witness K;

1. The statement of the witness G in the third protocol of the trial (G from its investigative agency to this court, the above five million won of the 5 million won of the 5th million won of the cafeteria's subcontract for the removal of the cafeteria is similar to the fees or expenses. Since the contents of G's statement are consistent, specific and different, its credibility is recognized since it does not seem to be consistent, specific and different reasons for posting false information)

1. A written complaint filed by the prosecution against the defendant, or G for the examination of the suspect (refinite, No. 1, No. 229 of the investigation records);

1. Division: Investigation report (Attachment to the judgment concerned), application of Acts and subordinate statutes as a result of case search;

1. Relevant provisions of the Criminal Act and Article 347 (1) of the Criminal Act concerning the choice of punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

1. The order of provisional payment;

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