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(영문) 서울남부지방법원 2013.08.27 2013고단2066

사기

Text

Defendants shall be punished by imprisonment for six months.

However, as to the defendants for one year from the date this judgment became final and conclusive, the defendants are above.

Reasons

Punishment of the crime

Defendant

A On December 8, 2011, the Cheongju District Court was sentenced to imprisonment with prison labor for six months for fraud, and the judgment became final and conclusive on December 16, 201.

Defendant

A is a person who operates D, and Defendant B was a person who used the office of executive director of E.

1. On February 10, 2010, the Defendants made a false statement to the effect that “The Defendants would make a subcontract for the electrical construction of the new construction site of another canal box construction site located in the Shinman population H” to the victims G at the (State) D office operated by Defendant A, which is located in the Nam-gu Incheon Metropolitan City, for the purpose that “I would make a false statement to the effect that I would receive a start payment if I would lend money.”

However, the Defendants did not have the right to execute the construction of the above canal wells construction from the owner I. At that time, even if they received money from the victim due to the fact that the construction of the above canal wells construction and the progress of the construction of the above canal wells construction, there was no intent or ability to subcontract the electrical construction of the above canal wells construction site as agreed by the victim. The Defendants did not have any intent or ability to complete payment even if they borrowed money from the victim because there was no particular property or fixed income.

As above, the Defendants conspired to induce the victim and then received KRW 4,800,000 from the victim’s account in the name of J used by Defendant B on February 20, 2010.

2. On February 25, 2010, at the same place as Paragraph 1, the Defendants made a false statement to the victim G that “I would be awarded a new construction of Lstuff Treatment Facilities in Gangseo-si K, and I would be awarded a subcontract for the construction work at the construction site, which soon begins and requires money to be used at the construction site, and if I lend money, I would be paid with money for the commencement of construction.”

However, the Defendants are entitled to execute the said new construction project from the owner.