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(영문) 서울중앙지방법원 2013.06.12 2012고단6066

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the defendant shall be sentenced to the above punishment for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Since around 2008, the Defendant, as a director of the D Co., Ltd in Gangnam-gu Seoul, invested about about 630,000 square meters of the Egelian Economic Special Zone in the Philippines in the area of the Republic of Korea, in order to receive a successful bid, and participated in the bidding on five occasions in order to obtain a successful bid, but was forced to receive monetary pressure without being awarded a successful bid, the Defendant, as a director of the D Co., Ltd in Gangnam-gu Seoul, borrowed money from the victim F to give a contract for the work of remodeling Egypt in order to raise additional project funds.

On February 2, 2011, the Defendant: (a) at the office of the said D Co., Ltd., Ltd., the Defendant: (b) concluded a false statement with the purport that “The Defendant will obtain the approval of the successful bid at the end of March, 201, and may obtain the final award after 60 days.” (c) On the loan of KRW 200,000,000,000,000,000,000 won for Egypt will be awarded a contract; (d) on the receipt of the successful bid, the Defendant would receive an investment in several places; and (e) even if he/she was immediately paid the successful bid, he/she would request the payment at any time within

However, in fact, the Defendant did not have been confirmed to receive a successful bid for the operating right at the time and delayed the successful bid, and the employee’s wage was under pressured to pay overduely. Therefore, even if the Defendant received a successful bid and received an additional investment request, he did not have the intent or ability to pay the borrowed money within 30 days even if he did not receive an additional investment request.

On February 25, 2011, the Defendant received KRW 100 million from the victim by account transfer on or around February 25, 201, and acquired KRW 100 million by account transfer on or around March 11, 201, and acquired KRW 200 million by fraud.

Summary of Evidence

1. The defendant's partial statement in the first protocol of trial;

1. Statements made by witnesses F and G in the second protocol of the trial;

1. Part of the prosecution and the police against the defendant.