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(영문) 서울북부지방법원 2016.06.15 2015고단3609

사기

Text

1. Defendant A shall be punished by imprisonment with prison labor for one year;

However, the above sentence shall be executed for a period of three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【Defendant A’s former Defendant A, on February 2, 2005, was sentenced to two years of imprisonment by the Seoul High Court for fraud, etc., and had the records of committing the crimes of the same kind or imprisonment without prison labor or more as follows:

Fraud (200), a fine of KRW 5 million (198), a fine of KRW 500,00 won (198), a fine of KRW 3 million (1998), a fine of KRW 3 million (1996), a fine of KRW 10,000,000,000 (1996), a prison labor of October / suspended execution of two years (1987), a prison labor of two years (1987), a prison labor of October / suspended execution of two years (1980), a person who is engaged in a construction business. Defendant B of this year is a person who is engaged in a construction business.

【Criminal Facts】

1. Defendant A was on July 2009, at ASEAN E (State) where he was located in the Republic of Korea in July 2009, and was aware of it.

B Through B, the victim G was awarded reclamation works related to the construction of Pyeongtaek-Sa military base at the National Assembly of the Republic of Korea, and the Corporation established (State) F for this work as the Director of the National Assembly of the National Assembly of the National Assembly of the Republic of Korea.

In order to transport earth and sand necessary for the construction work of the military base of the United States of America, the State borrowed money from the Company to lend the money operated by the Company for three years after concluding a contract for transportation of earth and sand equivalent to KRW 36 billion.

However, there was no fact that it was ordered to execute the reclamation work of Pyeongtaek-gun Base at the National Assembly of the Republic of Korea, and there was no fact that the F obtained permission from ASEAN to collect earth and sand necessary for the reclamation work of Pyeongtaek-gun Base, and even if it did not receive money from the injured party due to the lack of actual consumer proof, there was no intention or ability to give a contract for the transportation of earth and sand necessary for the reclamation work within Pyeongtaek-gun Base.

The Defendant, as such, deceiving the victim as if he were to give a subcontract for the right to transport earth and sand, had the victim, and had the victim managed by the Defendant (H) from the damaged person, to the Agricultural Cooperative Account (H) in the name of the State F Corporation, which was managed by the Defendant; the Defendant was in the same amount as KRW 10 million;

C. 30.10 million won, in the same year;

8. 10,500,000 won, and the same year;

9. 14.14.10 million won, Oct. 28, 2000 won, and January 15, 2010