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(영문) 수원지방법원 안산지원 2015.06.25 2014고단20
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 50 million won to an applicant for compensation.

The above order shall be.

Reasons

Punishment of the crime

Defendant (alias C) is a person operating “E”, which is a removal company located in Ansan-si, Nowon-si.

On May 6, 2013, the Defendant made a false statement to the victim B stating that “The Defendant was ordered to perform the removal works of the building located in the F in the Sungsung City. From June 3, 2013, the Defendant would make the removal works of KRW 110 million with the advance payment, and will make the entire victims of the scrap metal coming from the removal site. When the construction period is delayed for 15 days, the Defendant would return the money.”

However, in fact, the Defendant, as she himself/herself, was a structure dismantling company (ju), was a structure dismantling company (ju), showed that the victim was the Franchisor removal site that was promised to complete the G construction site, and was the victim as if he/she was the Franchisor removal site that was committed by the victim. In fact, the Defendant did not have any intention or ability to reduce scrap metal even if he/she was paid the scrap metal from the victim, since there was no fact that the contract was concluded for the removal of the G

Around May 6, 2013, the Defendant, by deceiving the victim as such, received money from the victim to the account of community credit cooperatives under the name of the Defendant’s wife as the proceeds of scrap metal and acquired it by deceit.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statement of the protocol of examination of witness B concerning the witness B;

1. The entry of part of the protocol of examination of witness into witness I;

1. Partial statement of each protocol of examination of the accused by the prosecution;

1. Partial statement of the police statement concerning I;

1. Application of Acts and subordinate statutes to each item of a contract for removal of solid goods, a copy of the certificate of details of transactions, a copy of a name tag, and the details of transactions by account (Evidence No. 118 pages);

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. The defendant's assertion of Article 25(1)1 and Article 31(1) and (2) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits for Compensation Orders shall be determined.

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