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(영문) 인천지방법원 부천지원 2015.01.14 2014고단1522
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendants conspired in collusion to acquire money from victims G as a security deposit by deceiving them as if they could be able to conclude a contract for earth and sand and transportation construction at an expressway construction site.

On September 14, 2013, the Defendants, at the office of Defendant B of the fourth floor of the Seocho-gu Seoul Seocho-gu Seoul High School, concluded that “In order to open the public-private partnership highway between the Gu-ri and Mapocheoncheon-do, the urban development project should be prior to the relocation of the military unit in the Songcheon-gu, Seocheon-gu, Seoul High-do. From the construction of treatment to implement the above urban development project, the Defendants had already followed the contract for the construction of soil and sand cars and transportation in the section of the 5,6 sections among the above highway construction. As such, the Defendants, from the construction of treatment to the construction of the above urban development project, made a false statement to the effect that the contract would directly be made with the agreed deposit amount of KRW 50 million from October 31, 2013.”

However, in fact, the Defendants did not know whether a person called I-gun was with the treatment and construction of the above soil train and transport contract, and even if receiving the above money, they did not have the intent or ability to conclude the treatment construction contract with the victim even if receiving the said money.

Nevertheless, the Defendants deceiving the victim as above and acquired 50,000 won by transfer to the corporate bank account under J on the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement about witness G, A, K, B, I, and L;

1. Some statements concerning the suspect interrogation protocol concerning the defendant B;

1. Some of the statements made by the prosecution against the defendant A concerning the suspect interrogation protocol;

1. Protocol of the prosecutorial statement concerning G;

1. Joint business contract, notarial deed;

1. Application of Acts and subordinate statutes to investigation reports, investigation reports (Attachment to details of transactions in accounts in the name of a criminal suspect), investigation reports (Attachment to details of transactions in accounts of community credit cooperatives in the name of a criminal suspect), investigation reports

1. Criminal facts;

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