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(영문) 의정부지방법원 2013.09.03 2013고단1194
사기
Text

The defendant shall be punished by a fine of KRW 4,00,00,00 for the second offense in the judgment of the court, two months of imprisonment with prison labor.

Reasons

Punishment of the crime

On May 3, 2012, the Defendant stated in this part of the facts charged in the indictment for the violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) in the Seoul Northern District Court on May 3, 2012, but the clerical error is apparent. The Defendant is a person who was sentenced to two years of suspension of execution on August 17, 2012, and the said judgment became final and conclusive on August 17, 2012,

1. On June 27, 2012, the victim E in the Dobong-gu Seoul Metropolitan Government D apartment complex; the fact was not ordered to replace the old-age pipeline of the above apartment complex; even if the victim did not have the intent or ability to transfer the scrap metal to the victim even if he did not receive the advance payment from the victim due to the lack of ability to prepare the performance guarantee bond for the construction, it shows the construction site of the above apartment, and makes a false statement that “a replacement of the old-age pipeline is ordered to replace the old-age pipeline and a request to reduce the pipe scrap metal.” The part in this case obtains KRW 25 million from the victim on the same day;

2. On August 17, 2012, G office located in Seongbuk-gu Seoul, Seongbuk-gu, stating that the victim was unable to fully pay the performance bond of H apartment cooling water pipe construction, and even if he was unable to finally receive the advance payment from the victim, he did not express his intent or ability to transfer the steel to the victim even if he was paid the advance payment, the construction contract entered into with I, stating that “I would receive the advance payment from I, i.e., KRW 50 million from the powder-gu H apartment pipe construction, i.e., KRW 400,000 from the site at the face of the week.” On the same day, he received KRW 30 million from the victim to the account in the name of the defendant on the same day, and acquired KRW 50 million in total from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol against J;

1. Each police statement to E and K;

1. A criminal report (attaching data submitted to the I);

1. Previous records of judgment: Criminal records, etc., and the application of Acts and subordinate statutes to investigation reports (attaching a written judgment);

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