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(영문) 수원지방법원 2017.06.08 2016고단2063 (1)

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

[Criminal record] On August 10, 2012, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Jung-gu District Court on June 2012, and the judgment became final and conclusive on August 18, 2012.

[2] The Defendant and C conspired to collect money under the name of the contract deposit after realizing the removed company as if they had the authority or ability to participate in the selection of the company of the removal of the E District in the Shimop Da of the wife population D. The Defendant and C conspired to do so.

The Defendant and C, around the end of June 2012, will help the victim I operating H, which is a removal company, in the ethic City G, through the F, with the intent as above, and through the end of June 2012, “I want to assist the removal work in the ethic population D.

The executor is J Co., Ltd., and the father C and A engaged in the partnership business are related to the progress of the Si event.

When the removal work is completed, 2 billion won out of the revenue 4.8 billion won shall be the cost of removal of the construction work, 1.4 billion won shall be returned to the executor, and the remainder of 1.4 billion won shall be divided into current and domestic prices.

K, a contractor, should pay KRW 100 million as performance bond, etc. to the contractor, and if the funds are paid in lieu of the down payment as the down payment, it will be possible to carry out the construction immediately by concluding a subcontract for the removal work.

“A false statement was sent.”

However, in fact, the Defendant and C did not have any authority to participate in the selection of the E area, and even if they received KRW 100 million from the injured party, they did not have any plan to deposit it into the contractor or the executor, so there was no intention or ability to allow the subcontractor to carry out the subcontract for the removal works as promised.

The Defendant and C received KRW 79 million from the injured party as the down payment on July 10, 2012 (cash KRW 50 million from F and delivered to the Defendant and C, and KRW 29 million transfer to the account designated by the Defendant), and KRW 21 million in the middle of July 2012 (cash receipt by F and delivery to the Defendant and C) from the injured party as the down payment. In sum, the Defendant and C received KRW 100,000 from the Defendant and C.