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(영문) 춘천지방법원 2014.11.06 2014고단337

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for eight months.

Reasons

Punishment of the crime

【Defendant A was issued a summary order of KRW 5,00,000 as a crime of fraud at the Seoul Eastern District Court on August 24, 2007, and Defendant B was sentenced to imprisonment with prison labor at the Chuncheon District Court on May 15, 2013 and confirmed on May 24, 2013.

【Criminal Facts of Crimes】 From August 2008, the Defendants conspired to acquire money from the construction of the “F Hospital” under the name of the 2nd and the 3,200 square meters of the 4th floor above the ground level, the 4th floor above the ground level, and the 3,200 square meters of the 4th floor above the 200 square meters on the land of Gangseo-gu, Gangwon-gu.

Pursuant to such prior plan, at the construction site of the F Hospital as of March 12, 201, the Defendants agreed to suspend the construction of the said F Hospital at the construction site of the said F Hospital (51 years of age) and expected to complete the construction by October 201 with the resumption of the construction of the said construction until the date of August 2011. The Landscaping will proceed with around August 201, 201. On the same ground, it would be the same as Ama 200,000 won as the performance bond for the landscaping construction, so that it may perform landscaping construction work equivalent to KRW 50,00,000 per week, 15,000,000 as of the same day from the victim’s belief to the Agricultural Cooperative account (I) in the name of H designated by the Defendant A, and 35,000,000 won as of March 16, 201, respectively.

However, in fact, the construction site of the "F Hospital" which the Defendants promoted was suspended due to the wintering, not due to the suspension of the construction work, but due to the shortage of funds, such as the obligation of construction expenses, and even if the performance guarantee is received from the victim, there was no intent or ability

As a result, the Defendants conspired in collusion with the victim in the above manner and acquired 50,000,000 won as a performance bond for landscaping construction work from the victim.

Summary of Evidence

1. Defendants’ respective legal statements

1. A witness G and each legal statement of A;

1. A written confirmation of default;

1. A certificate;

1. Inquiry into the details of deposits and withdrawal transactions;

1. Each judgment;

1. A certified copy of each register;

1. Judgment.