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(영문) 대구지방법원 2014.09.17 2014고정146
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 25, 2011, the Defendant issued a false statement to the victim F, the representative director of the E company, which is the removal company, at the office located in Daegu-gu Seoul-gu Seoul-gu D company, the Defendant ordered the D company’s reconstruction work of port G apartment in the size of KRW 1,01.4 billion for construction cost. The Defendant borrowed KRW 70 million for the E company a subcontract for the reconstruction work of building and waste disposal work of KRW 1.2 billion for the construction cost which can be commenced at the latest at the end of the year during the reconstruction work. The Defendant borrowed KRW 1.2 billion for the purpose of performing the work of H as agent of the reconstruction association operated within the inside and outside of Korea, and thereafter, would make repayment within one month.

However, there was no fact that I selected the said H as an agent for the said G apartment reconstruction improvement project partnership with the head of the association, and there was no fact that the said association selected the D company as the contractor. The Defendant, by June 26, 2006, arbitrarily prepared a rebuilding project contract with the J seal, which was the head of the said association, from April 5, 201, by using the J seal, which was the head of the said association. Thus, even if borrowing the above money, there was no intention or ability to allow the victim to subcontract the removal work, etc., or to repay the said money within one month.

Ultimately, the Defendant, by deceiving the victim as above, received 70 million won from the victim to the H’s account under the name of H, thereby deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each protocol concerning the examination of the accused by the prosecution;

1. Statement of the police statement to K;

1. A written statement;

1. A complaint, a certified copy of the register, a construction contract for Posi apartment reconstruction, minutes, contracts, certifications, loan certificates, a letter of default, an authentic copy of a notarial deed, content certification, and details of transfer;

1. The investigation report (in relation to the submission of suspect A data and audit L), the investigation report (in relation to the former president of the KJ), the investigation report (in relation to the development of Youngcheon Hot Hot Hot Hot Spring), the investigation report (in relation to the development of Young Hot Hot Spring), the investigation report (in relation to the NTT) and the investigation report (in relation to the loans of Youngcheon Hot Hot Hot Hot Spring

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