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(영문) 서울중앙지방법원 2016.09.28 2015고단3305
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 18, 2012, the Defendant: (a) at the “D office” office located in the 3th floor of the Gu C Building in Ansan-gu, Seoul, on September 15, 2012; (b) at the time of Ansan-si, the Defendant delegated the authority of the Victim E to remove the G hospital building located in the Dongjak-gu Seoul Metropolitan Government F, (c) to build the 3rd floor underground and the 8th floor building on the site, and (d) to construct the 8th floor building on the said site, and (c) to perform the removal construction and supply the scrap metal to the victim; and (d) around that time, H knew knew the victim with the authority delegated to the Defendant by telephone.

However, there was no intention or ability to reduce the removal work to the victim due to the failure of the plan for the removal of the building due to the circumstances such as auction for the G Hospital building at the time.

In collusion with H, the Defendant: (a) conspired with H, by deceiving the victim; and (b) received delivery of KRW 20 million from the victim, to the account (J) of I’s own bank account around that time.

Summary of Evidence

1. The statement of E by a witness recorded in the recording file of a system for legal recording among the six-time public trial records;

1. Application of Acts and subordinate statutes of police statement protocol to E;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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