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(영문) 서울서부지방법원 2014.06.13 2013고단1564

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant of "2013 Highest 1564" is a person who has entered into a contract for redevelopment area removal works on behalf of the victim (the State)C with the redevelopment area development (the State).

1. Around December 2009, the Defendant entered into a contract for redevelopment area removal works on behalf of the victim (the State) C from the Housing City Development (the State) and accordingly, (the State)C borrowed KRW 50 million under the terms and conditions of the contract for the housing city development (the State) but, upon the termination of the said contract, the Defendant embezzled KRW 50 million with respect to the amount of KRW 50 million borrowed under the terms and conditions of the removal construction contract for the said removal project for the said KRW 1.5 million under the terms and conditions of the removal project (the said removal contract was terminated) and embezzled for the personal use of the said KRW 1.5 million for the following reasons: < Amended by Presidential Decree No. 22038, Feb. 1, 2010; Presidential Decree No. 22006, Jun. 16, 2010; Presidential Decree No. 22190, Jun. 17, 2010; Presidential Decree No. 22190, Jun. 26, 2010>

2. On November 2009, in the office of the victim E in Jung-gu Incheon, Jung-gu, Incheon, the Defendant made a false statement that “The Defendant would sell the sn beamline located in the field of Gwangju-gu, Gwangju-do, the Y-gu, the main office of the Defendant, “F,” and “I will sell the H beamline in the field of the YY-gu, Seoul-do, the main office of the Defendant, in order to terminate the interest and the progress of the auction.”

However, even if the defendant borrowed money from the victim, he did not have the intention or ability to repay it.

As above, the Defendant, by deceiving the victim as above, received KRW 4,835,00 from the victim as the borrowed money around December 17, 2009, and received KRW 20 million from around that time to April 2010 as stated in the annexed crime sight table.

The defendant of the "2013 High Class 2320" shall be the chairperson of the "H" dispute resolution committee to the victim G in the mutual influent restaurant located in Gangdong-gu Seoul Metropolitan Government and in the middle of June 2010.