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(영문) 서울중앙지방법원 2016.01.28 2015고정4714
사기등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On October 23, 2014, the Defendant is expected to construct a new 64 household unit in the Seopo-dong Hong Dong, Seopo-dong, Seoul, on the part of the victim E through D at the office of 201, Songpa-gu Seoul, Seoul, Seoul, and D.

It is awarded a contract with an enterprise located in Jeju-do in the total construction cost of KRW 7,731,800,000 for the 10th floor above ground and 10th floor above ground, we will drink only KRW 100,000 per square year and sub-subcontract it.

20,000,000 won will be refunded when borrowing and paying 10% of the amount of 10,000 won.

“Around 20,000,000 won was remitted from the damaged person’s deposit account in the name of the Defendant.”

However, the above Corporation has no intention or ability to subcontract such construction to the victim because it is not true that the Corporation has obtained permission.

Accordingly, the defendant deceivings the victim, and thereby deceiving 20,000 won from the victim.

2. On November 2014, 2014, the Defendant is expected to remove the building located in the village of Gangdong-gu Seoul Metropolitan Government from the F Company and construct the main complex building to the victim E at the Seocho-gu Office 201 office in Songpa-gu Seoul 201, which would allow the victim E to be subcontracted for the removal of the building and the construction of the soil.

If a subcontract is received, the F Company should pay 10,000,000 won to all the companies, until the face value of the contract is accepted.

“In the course of being kept in custody of KRW 10,000,000 from the injured party, it was embezzled by using the Defendant’s office relocation expenses, etc. without the victim’s consent.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning interrogation of suspect with regard to D;

1. Statement made by the police for E;

1. Standard subcontract agreement for construction works;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a suspect A's statement of transaction in passbook A);

1. Article 347(1) of the Criminal Act and Article 355 of the Criminal Act concerning criminal facts, the pertinent provision of the law, the choice of punishment, and the choice of punishment.

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