(영문) 의정부지방법원 2015.11.16 2015고단1016

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(영문) 의정부지방법원 2015.11.16 2015고단1016

사기

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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant is the representative of (State) D, the specialized company for removal works in Jung-gu Seoul Metropolitan Government, and the victim E is a person who actually operates the F secondhand shop.

1. Around June 7, 2012, the Defendant proposed that the victim will undertake the removal of the G building in the Jeju-si Office from June 15, 2012 to the Seoul-do Bupyeong-gu Office. The Defendant would pay in advance KRW 30 million for the total sale of the scrap metal generated from the said construction. The Defendant would immediately return the received price if the agreement is not complied with.”

However, there was no intention or ability to return the price normally because it was impossible to supply the scrap metal as agreed upon to the victim because it was impossible for the removal from the beginning due to the financial problem of the implementer and the contractor at the time, and there was no intention or ability to return the price normally because there was no intention or ability to return the gold metal to the victim because there was no particular hospitalization or personal property, and the debt amount exceeded KRW 20 million, and all the amount received from the

Accordingly, the Defendant, by deceiving the victim as above, received 30 million won as the price for the scrap metal of the same day from the victim.

2. On September 28, 2012, the Defendant loaned KRW 35 million,00,000,000,000 from (D) D office to the victim for a preferential sale of scrap metal at the site of removal of the air exhauster from the Defendant’s office.

It was suggested to the effect that "...."

However, the defendant did not have the right to the above removal site, and due to economic circumstances such as Paragraph 1, the defendant did not have the intent or ability to repay the borrowed money to the victim as agreed.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 35 million from the victim as the borrowed money on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness E and H;

1. The police statement of H;

1. The prosecution of each part of the defendant.

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