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(영문) 인천지방법원 2013.11.28 2013고단2892
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On July 29, 2011, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for six months at the Incheon District Court for fraud, which became final and conclusive on August 6, 2011.

Around May 15, 2009, the Defendant made a false statement to the victim E, the representative director of the D Co., Ltd., “In the process of modern construction, at the scene of the FF Industrial Complex Creation Project in South Korea,” which is located in the Pcail-si, Daejeon Construction Site Director, who is a representative director of the D Co., Ltd., in modern construction. The Defendant may enter into a contract with the head of the Hyundai Construction Site Division at the face of KRW 20 million. The case cost of KRW 20,000,000,000,000 won, in cash, to the head of the Hyundai Construction Site at his own seat and to enter into a contract

However, even if the defendant was unable to know the head of the modern construction site, he did not have the intention or ability to conclude a contract for soil and sand transport work.

Accordingly, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the Agricultural Cooperative (G) account under the name of the Defendant on the same day as the case cost of ordering construction works.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the police against the accused (including the substitute part);

1. Application of Acts and subordinate statutes on a duplicate of a bankbook, national, and details of financial transactions;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Suspension of execution under Article 62 (1) of the Criminal Act (Taking into account the fact that only the victim has agreed with it, equity in cases where judgment has been received simultaneously with the crime entered in the previous conviction in the judgment);

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