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(영문) 서울중앙지방법원 2014.06.30 2012고정5230
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 1, 2010, the Defendant was sentenced to imprisonment with prison labor and six months at the Seoul Central District Court for fraud, and the judgment became final and conclusive on March 3, 201.

On April 9, 2009, the Defendant ordered the victim E to “D” office located in Guro-gu Seoul Metropolitan Government, “F Co., Ltd. run within the city was awarded a contract for the reconstruction of the Seo-gu Incheon Seo-gu G Apartment.” The Defendant drafted a contract for the removal works, etc. on the same day, “F Co., Ltd. operated by the city was changed to KRW 15 million as a down payment to reduce the subcontract for the removal works and the remainder disposal works.”

However, the defendant did not have been awarded a contract for G apartment reconstruction works at the time, and even if he concluded a provisional contract for reconstruction works with I resigned from the head of the reconstruction association in the future, the defendant had been regularly awarded a contract for reconstruction works and had the victim carry out the removal works and the remaining disposal works by performing the reconstruction works, and did not have the intention or ability to pay the subcontract price.

On April 14, 2009, the Defendant, by deceiving the victim as such, received KRW 15 million from the victim to the account in the name of J in return for giving a subcontract for removal works, etc.

Summary of Evidence

1. Partial statement of the defendant;

1. Statements made by witnesses E in the fourth trial records;

1. Partial statement of the witness K in the seventh trial records;

1. Statement to E by the police;

1. A copy of the I Statement;

1. A complaint;

1. Previous records of judgment: Criminal records (34 pages of investigation records), investigation reports (the attachment of previous records of the same offense and the report of the previous records of the latter concurrent crimes and the fixed date of the previous crimes), and application of Acts and subordinate statutes of the judgment (Investigation Records No.

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act shall not be less than that of the provisional payment order.

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