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(영문) 대전지방법원 공주지원 2014.12.19 2013고단355

사기

Text

Defendant

A Imprisonment with prison labor for eight months, for one year, and for six months, for each of the defendants C.

However, the defendant.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to two years of imprisonment for a crime of fraud at the Seoul Northern District Court on May 29, 2014, and the said judgment became final and conclusive on November 27, 2014. Defendant B appealed on October 18, 2013, who was sentenced to two years of a suspended sentence of imprisonment for a crime of fraud. However, on July 25, 2014, Defendant B was sentenced to two years of a suspended sentence of imprisonment for a crime of fraud from the Daejeon District Court. The said judgment was finalized around that time.

【Criminal Facts】

"2013 Highest 355"

1. Defendant A and B entered into a contract for the extraction of minerals within the Seosan-si H, I, J, and Section B, and there is only permission related thereto. However, Defendant A and B conspired to receive the down payment by promising to give a subcontract for the malm and malmar treatment work.

Defendant

A and B, at the “L company” office operated by Defendant B located in K at the end of August 2011 at the end of each week, agreed to give a subcontract as above, and the “N company O” obtained a license for a punishment from the victim M. A. Since the L company operated by B is in a partnership with the N company, the L company, which is part of the permitted area of the H, I, and J Section 600,000 per square meter, will work for the P company at the cost of KRW 3,500 per square meter.

First, 100 million won of construction deposit, 2011

9. From around 30.30, construction will be commenced.

"......"

However, the above place was not the place where the punishment was granted, and there was no other application for the permission, and even if the defendant A and B received the deposit, they did not have the intent or ability to allow the victim M to perform the construction.

Nevertheless, Defendant A and B made a false statement as above, and through Q’s account on September 8, 201 from the victim M, Defendant A and Q acquired KRW 30 million in the name of the National Bank (S) operated by Defendant A from the victim M, and acquired KRW 30 million in the name of the National Bank in the name of the R Company, around the 29th day of the same month, and KRW 5 million in the aggregate from December 5, 1000, respectively.

2.