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(영문) 수원지방법원 성남지원 2013.11.29 2012고단48
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On March 23, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for the crime of invalidation of an indication in the line of duty in the Hongsung Branch of Daejeon District Court on September 13, 2012 and the said judgment became final and conclusive on September 13, 2012

around October 5, 2004, the Defendant was awarded a subcontract for two sections of reinforced concrete construction works, among the construction works for building two-way F apartment on the land outside E and four parcels of land at two weeks from D (hereinafter “D”) operated by C as the representative director, and executed the construction work at the price of 7.5 billion won.

The defendant argues that the sale price of the above apartment should be deposited in the designated deposit account of D, but it can be argued that the buyer's payment of the sale price is valid. However, since the defendant received the sale price from the victim G and H and planned to use it for personal purposes without depositing it in the above deposit account, even though the victims did not have the intent or ability to sell the above apartment in a normal condition, on December 28, 2005, at the I apartment sale office of the government city of the Council, the victim's name is presented to the victim G with D's name as the D president. The defendant stated that "107 Dong 104 is 96,750,000 won if the sale price is 96,750,000 won and in a lump sum, 54,000 won is 0,000 won from G to 00,000 won and 00,000 won are 0,000 won from each victim's sale price to 00,0016,0000 won.

Summary of Evidence

1. Entry of the accused in each protocol of the first and fifth trial;

1. Partial statement of the defendant;

1. Statements made by witnesses G and H in the second protocol of the trial;

1. Statement made by the witness J in the fourth trial records;

1. Statement made by C of a witness in the fifth trial record;

1. The defendant;

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