(영문) 대구지방법원 2015.03.26 2014고단4116

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(영문) 대구지방법원 2015.03.26 2014고단4116

사기

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Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On July 15, 2009, the Defendant, who was a director of corporation E, and was in the office of the Defendant located in Seocho-gu Seoul Metropolitan Government F on July 15, 2009, told the victim G that he was responsible for the event for reconstruction of the building located in the Jung-gu, Jung-gu, Seoul and 23 lots of land, thereby making a false statement to the victim that he would pay the above victim scrap metal and non-refus at the time of the removal of the building.

However, at the time, the Defendant was unable to select the pilot construction phase for the reconstruction of the above H and 23 lots of land in Ulsan-gu, Ulsan-si and Jung-gu, and even if receiving money from the victim, the Defendant did not have the intent or ability to pay the scrap metal and the non-performance.

Nevertheless, the Defendant deceiving the victim as above and entered into a sales contract with the victim, and on the same day, transferred KRW 30 million from the victim to the new bank account in the name of the Defendant as contract deposit.

2. On December 8, 2009, the Defendant made a false statement to the victim that “The Defendant sent a scrap metal from the site of Seoul Seocho-gu F, I, J, and K removal, Seoul, thus requesting a down payment for scrap metal sales.”

However, even if the defendant receives the payment from the victim, he did not have the intention or ability to pay the scrap metal to the victim.

Nevertheless, the Defendant: (a) deceiving the victim as above; (b) transferred KRW 10 million to the Daegu Bank account, the birth of the Defendant, under the name of the contract deposit for scrap metal sales on the same day from the victim; (c) transferred KRW 5 million to the Daegu Bank account after 2-3; and (d) acquired it by deceiving the victim.

Accordingly, the defendant, like the above 1 and 2, acquired a total of KRW 45 million from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. G. G.

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