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(영문) 서울중앙지방법원 2014.09.24 2012고정5217

사기

Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On January 20, 201, the Defendant was sentenced to imprisonment for 8 months, 2 years of suspended execution, and 3,000,000 won for fraud in the Sungnam Branch of Suwon District Court on January 20, 201, and the judgment became final and conclusive on July 8, 201.

[Judgment of the court below] On February 2, 2010, D borrowed the name of E, E, and delivered 1,000,000 won as a subsidy to the head of G headquarters to enter into an oral contract with I to receive a contract, and to deliver 2,00,000 won as a result of a subsidy, and E or D did not have any capacity to carry out the above artificial engineering works, and it was merely a changed role.

I and the G president have to demand a minimum of KRW 15 million per unit in return for the contract for work. Thus, in order to conclude the D's settlement contract, at the time the D's settlement contract had to be paid in return for the amount of KRW 10 million or more, in addition to KRW 20 million already paid.

(In practice, the victim K was placed in an imminent position that should receive more than KRW 20 million in coloring the third victim, as the fact that D provided KRW 20 million in a separate loan to J and I, while concluding the fixed-type contract later. Therefore, D did not have the right to receive more than KRW 20 million.0 million.

The defendant had access to D and had an opportunity to peep. At the time, the defendant was only liable for a debt equivalent to KRW 45 million at the time, and there was no financial source, and even if he did not have the ability to carry out the above interior construction in the form of a business operation.

The defendant and D, who are the defendant's branch, paid 30 million won per unit of the above interior work to G and entered into the contract for the contract, after paying 30 million won per unit of the above interior work, and 60 million won per unit of the above interior work. Therefore, it is possible to transfer to a third party and the defendant has the ability to carry out the construction work, and is issued 60 million won under the name of transfer of construction.