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(영문) 대구지방법원 포항지원 2013.06.27 2013고단462
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 25, 2012, the Defendant, at the office of E company operated by the victim D in Nam-gu, Nam-gu, the Defendant: “B has served as the manager in the Esco electrical construction company and the Vice Governor of KSCO DongF, and there are many people who want to go to the Esco and the administrative agencies. At present, G affairs, who is a major in the domestic company, are currently in the process of a bid for the purchase of sco high steel, and at the request of G affairs, would allow Esco to be selected as the Esco purchasing company. In addition, at sco, the Defendant currently keeps 15 tons of sco in a non-official way, and the old 15 tons of sco kept the 15 tons of sco, as the down payment amount (amounting to KRW 120 million) to E company.” The Defendant changed the transfer of KRW 700,000,000 to the H’s account by proxy.”

However, the (State)F is a company irrelevant to the KSCO (Korea Electrical Safety Corporation) and “Sco and an administrative agency with many people,” and “(StateF) agent” is a processed person, and even if the Defendant did not have any connection with Sco and received money from the victim, he did not have the intent or ability to deliver the “Guide that was kept in an unofficial manner in Sco” to the victim.

Nevertheless, the Defendant received KRW 700,000 from the victim to the account under the name of H, a “employee of the Defendant” as the down payment on the same day, and received KRW 232,275,000 in total from around that time to January 8, 2013, as indicated in the separate crime list, for the purpose of the old delivery contract amount, bid bond, expenses, etc. over 17 times, as shown in the separate crime list.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Statement made to D by the police;

1. A criminal investigation report (related to submission of a detailed statement of transactions of passbooks);

1. A copy of the contract, a copy of the contract, a copy of the contract, a non-ferrous, scrap metal, copper and other miscellaneous materials released;

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