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(영문) 춘천지방법원 2017.11.28 2017고단143

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for a year and six months, and by imprisonment with prison labor for a year.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around April 22, 2008, Defendant A, at the office of F Co., Ltd. F (hereinafter “F”), a private person, working as the head of the Construction Headquarters of Pyeongtaek-si, Inc. (hereinafter “F”), Defendant A of the 2017 Highest 143, the victim G, “The J was delegated by the Chairperson of KK Co., Ltd. to remove the I factory building and dismantle the I factory building in Gwangju-si H, Gyeonggi-do, and the F Chairperson B ordered the above construction from J.

In this regard, J made a false statement to the effect that it first changed KRW 100 million prior to the Corporation, and that it would give a subcontract for the said construction work until May 7, 2008, and if it fails to give a subcontract until then, it would return KRW 20 million until May 31, 2008.

However, Defendant A did not know of the existence of the above construction, and Defendant A did not have any intention or ability to change it on the agreed date even if the F received money from the damaged party due to lack of certain income or property at the time.

Defendant

A was transferred from the injured party to the bank account of L's husband's her father on the same day by the amount of KRW 20 million as the borrowed money.

As a result, Defendant A was released from deceiving the victim and was provided property. Defendant B was sentenced to imprisonment with prison labor for ten months and one year for fraud in the 2017 Gocheon Branch of the Gwangju District Court on August 26, 2009, and the judgment became final and conclusive on December 23, 2009. On March 30, 2012, the Seoul Central District Court sentenced Defendant A to six months of imprisonment with prison labor for fraud, two years of suspended execution, one year and six months of imprisonment with prison labor, one year and six months of suspended execution, and two years of suspended execution on April 7, 2012. On July 24, 2014, Defendant B was sentenced to imprisonment with prison labor for one year and two months of imprisonment with prison labor at the Dong District Court on July 25, 2014, and the judgment became final and conclusive on December 15, 2016.

[Criminal facts] The Defendant is the Chairperson of the Construction Company F, and the Defendant.