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(영문) 서울남부지방법원 2015.02.12 2014고단2810

사기등

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around December 2012, the Defendant entered into a contract with C and D with LH Corporation, a company that implements the foregoing project, with respect to the removal of the F Housing Environment Improvement Project site located in Daejeon, and the Corporation will enter into force on two weeks after the commencement of the project. 50 million won will be the right to remove the removal. If there is no funds, the Defendant would be entitled to withdraw the removal. c and D, which were short of the funds at the time, ordered the victim G to receive the removal construction from F to demand money for the purpose of performance bond, expenses, etc., and demand KRW 100 million from the victim G to demand money from the victim as the owner of the said removal construction, and have received the victim’s consent by suggesting that the construction is defective in his/her business with him/her.

On March 13, 2013, the Defendant made a false statement to the effect that “E” is a company in which the victim, D, and C, etc., were in contact with the victim at the site of the said victim, D, and C, etc., at H’s officetels located in Yeongdeungpo-gu Seoul Metropolitan Government. The Defendant entered into a contract with LH Corporation and (ju)E for the entire removal of the F’s site. It may begin on March 25, 2013.”

However, the defendant did not have any intention or ability to contract the removal of the F site with LH Corporation, and even if he received money from the victim, he did not have any intention or ability to contract the removal of the F site.

Around March 13, 2013, the Defendant: (a) by deceiving the victim; (b) caused the victim to transfer KRW 20 million to the national bank account under the name of the State I operated by the said C; and (c) around March 14, 2013, KRW 50 million to the account under the name of the said State I; and (b) received KRW 50 million from C.

2. Forgery and uttering of private documents;

A. On March 13, 2013, the Defendant stated in the column for the construction order of a contract for removal works using a computer in the officetel of the above D as “F complex removal works in the large exhibition Dong-dong,” “on March 25, 2013,” “on March 25, 2013,” and “one hundred million won in the contract price column,” respectively, and the representative director of the E (E) in the work order column.