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(영문) 서울동부지방법원 2017.02.14 2015고단3471
사기등
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On July 9, 2009, the Defendant: “The Defendant was a victim D’s indoor interior interior decoration business operator, and was awarded a subcontract for Ctel’s entire mooring work.”

The C Officetel received two debentures from the construction cost, and now, it would sell 1,50,000,000 won, which is a price lower than the market price due to a large amount of money.

The amount of KRW 50,000 shall exceed 305,00 in the face of the main office.

“A false representation was made.”

However, the Defendant did not have any intention or ability to transfer an officetel to the victim because it was not true that the Defendant had been awarded a subcontract for the instant officetel 305 from E, and that the Defendant purchased the said officetel 305 from E.

The Defendant, as such, by deceiving the victim, received KRW 50 million in cash from the victim, namely, KRW 10 million, and KRW 40 million in cash on July 21, 2009.

Summary of Evidence

1. Each legal statement of witness E (part) and D;

1. Statement made by a part of the prosecution against E;

1. Statement made by the police against D;

1. The Defendant and the defense counsel asserted that the Defendant was awarded a contract on the condition that the above C Officetel construction work is paid in lieu of a substitute for the construction work, and that the contract was sold to the victim and the down payment was made in lieu of a substitute for the construction work, but the ownership was not transferred to the wind suspended after the construction work. Thus, the Defendant and the defense counsel did not deceiving the victim.

The following circumstances acknowledged by the records of this case, including the above evidence, i.e., the Defendant was awarded a subcontract with E for the total collection of construction cost of KRW 1,50,000,000 for the construction cost of the instant officetel

However, the prosecutor made a statement (the prosecutor was awarded a contract of KRW 90 million.

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