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(영문) 서울동부지방법원 2018.03.08 2017고단3876
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who has been in the office of the president of the Songpa-gu Seoul Metropolitan Government Office D, 704.

On April 3, 2012, the Defendant would pay the victim F new construction work in the FF office of the FF office of the FF and pay the total amount of KRW 5,00,000,000 to the principal and interest within one month if the Defendant borrowed KRW 38,000,000,000 to the FF office of the FF office of the FF, and will make a contract for the construction work of KRW 1,80,000,000,000,000.

“The phrase “ was false.”

However, in fact, the Defendant did not have the right to contract to the victims of the construction of a new construction of a mushroom growing company in the Yangyang-gun, which is implemented in the Dispute Resolution Association. At the time, the Defendant had the liability of approximately KRW 2.50 million without the property owned by the Defendant, and operated the restaurant "H" located in Gangnam-gu Seoul Metropolitan Government, but the operation of the above restaurant was in an economically difficult situation, such as the enemy continued to leave the restaurant. The amount received from the injured party was mostly used in the restaurant operation of the Defendant, etc., even if he borrowed money from the injured party, the Defendant did not have the intent or ability to pay the money normally or to contract the victim with the construction

Accordingly, the Defendant, by deceiving the victim, received KRW 10 million from the victim, to the company bank account (J) account in the name of I on the same day, and received KRW 10 million around April 4, 2012, and received KRW 10 million in cash from the victim company's employees, and acquired KRW 11 million in the Defendant's wife account (M) around April 9, 2012 and KRW 1.5 million in total from May 16, 2012 to the Defendant's wife account (M) account in the victim company's wife.

Summary of Evidence

1. Statement by the defendant in court;

1. F statement made to the defendant in the protocol of interrogation of the suspect against the defendant;

1. A protocol concerning the examination of each police suspect against K, D, N, orO;

1. A certificate of storage of cash and a construction contract;

1. Details of each account transaction, application of Acts and subordinate statutes on a copy of passbook;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62 of the Criminal Act:

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