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(영문) 서울동부지방법원 2016.07.14 2015고합381

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

Defendants shall be punished by imprisonment for one year.

Of the facts charged against the Defendants.

Reasons

Punishment of the crime

Defendant

A On March 21, 2012, the Chuncheon District Court sentenced the suspension of the execution to six months of imprisonment for fraud, etc., which became final and conclusive on March 29, 2012.

Defendant

A is a director of E (State), Defendant B is a representative director of E (State), and F is the chairman of E (State).

1. The Defendants related to the G Corporation’s oil supply right, together with F, had the victim H with the intent of deceiving the victim H by deceiving the victim’s money as if he had the right to oil supply during the construction of soil transport in the G Corporation site development zone.

On October 2, 2008, the Defendants made a false statement to the victim H through K at the J (State) office located in Yeongdeungpo-gu Seoul Metropolitan Government I 401 on October 2, 2008, stating that “E has been entrusted with the transportation of soil and sand in the G Housing Site development zone in the Seoul Metropolitan City, and the deposit amount is KRW 100 million on the face of the week, to give the oil supply right within the above construction period.”

However, the Defendants and F did not have any intent or ability to grant the right to oil supply even if they did not receive money from the injured party because they did not receive any order for the said soil transport work.

The Defendants, in collusion with F, received a remittance of KRW 100 million from the victims of the above deception to the Saemaul Treasury Account (L) in the name of the Defendant B by deceiving the victims as above.

2. The Defendants related to the G Corporation’s right to transport earth and sand, together with F, were willing to obtain money from the victims as if they could jointly carry out the work of transporting earth and sand in the G Corporation site development zone in South Yangyang-ju City.

On October 7, 2008, the Defendants made a false statement that “The Defendants would have the victims jointly carry out the construction of soil and sand transport in the said G Housing Site Development Zone on the face of KRW 120 million” at the above location via K at the above location.

However, the Defendants and F did not have any intention or ability to jointly carry out soil and sand transport works even if they received money from the injured party because they did not receive any order for the above soil and sand transport works.

The Defendants conspired with F and thereby make the above victims.