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(영문) 서울동부지방법원 2016.02.03 2015고단2366
사기
Text

Defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On March 26, 2013, the Defendant, at the office of the Defendant’s management Co., Ltd. (hereinafter “D”) that operates an intermediate recycling business, such as waste synthetic resin, waste active coal, process, waste cables, etc. located in Sungnam-si, Sungnam-si, and other waste cable (hereinafter “D”), left the closed cable immediately within one week from the date of transfer to ten days from the date of transfer, because D would be entitled to receive the waste-based cable first from the KT to the KT for the first time. Therefore, if D would reduce the exclusive supply contract, 150 million won in the name of the deposit money for the contract.

“A false representation was made.”

However, there is no specific bid plan for the supply of closed cables in the KT in 2013, and there is no separate selection of a specific individual enterprise such as D as a cooperation company that exclusively receives closed cables, and D has temporarily participated in the KT closed cable bidding from August 24, 2012 to December 31, 2012, and D has been awarded a successful bid.

There was no effective agreement or agreement between the KT and the KT in advance to supply the closed cable or to guarantee the actual number of contracts with one of the 12 companies. At the time, the defendant did not have the intent or ability to exclusively supply the closed cable or to pay the contract deposit normally in accordance with the agreement even if he received the contract deposit from the damaged party due to a serious bad financial circulation.

The Defendant, as such, by deceiving the victim, received KRW 88 million from the victim to the corporate bank account in the name of D around March 27, 2013, and KRW 62 million to the same account around March 28, 2013, and KRW 150 million in total from the same account.

Summary of Evidence

1. Partial statement of the defendant;

1. Entry of some of the statements in the police and the interrogation protocol of the suspect to the accused by the prosecution (including the statement of E);

1. Statement made by the police for E;

1. A contract for the supply of KT closed cable monopoly;

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