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(영문) 서울서부지방법원 2014.01.08 2012고단2141

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for one year.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Defendant A around November 2010, at the Seoul Mapo-gu Seoul Mapo-gu J, Defendant A called, “The activities may be ordered by a free contract, because it is possible to give orders for the O works being executed in N Construction,” to Defendant A, a management adviser of the victim L.”

However, even if the defendant received the money from the victim as expenses for receiving orders, he did not intend to use it as expenses for receiving orders, and there was no ability to give orders for the above construction.

Accordingly, on November 16, 2010, the Defendant, by deceiving M, received 10,000,000 won from the Korea Standards Bank Account (P) in the name of the Defendant from M, and acquired it by remittance.

2. Defendant B introduced Q and management adviser M from the victim L by Defendant A, and the Defendant or C was aware of the N Group R and NConstruction Director S well, with a view to deceiving Q and M by deceiving the victim as if it would be possible to take off the O construction.

Accordingly, on December 29, 2010, Defendant B called " Q and M at the U coffee shop located in Mapo-gu Seoul Metropolitan Government around December 29, 2010" to read "30% of the operating profits from the O corporation's order." and "3. (Methods and timing of paying business subsidies.)

(a) When making a contract with the N Group, L Co., Ltd. shall pay 50% of the operating subsidy in consultation with the L Co., Ltd. and one other, and the remaining amount shall be paid in installments at the time of receipt of the work completion amount;

If a L Co., Ltd. makes a prior payment of business subsidies to one other than B, the prior payment shall be deducted from the first payment amount.

A. Defendant B, who received KRW 100,000 on January 3, 201, issued an agreement with the content of “A”, had the Defendant ordered the said construction, and had the Defendant deceptioned the victim as if he had been given the said construction. The request was made to M and Q around December 30, 2010, for KRW 100,000,000,000,000.

“....”

However, the above defendant is a beneficiary activity expenses from the above victim.