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(영문) 수원지방법원 안양지원 2014.10.30 2013고단1093

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for one year and two months, and by imprisonment with prison labor for ten months.

except that from the date of this judgment.

Reasons

Punishment of the crime

1. The Defendants, the representative director of the Victim F Co., Ltd. (hereinafter referred to as “victim”) ordered H (hereinafter referred to as “H”) that Defendant A had the head of the Seoul branch office from usfk, ordered the construction from usfk, thereby making a false statement that Defendant A would give a subcontract to the victimized company for the information and communications construction among them, thereby obtaining money from the victimized company.

Defendant

A From the office of the victimized company located in Bupyeong-gu Incheon Metropolitan Government on July 30, 2012, “B” means that “B is the president of the Seoul District of H, and H is awarded a contract for the construction of the military base and the Daegu District of Construction from the U.S. military, and thus H is awarded a subcontract to the affected company in the field of information and communications of the said construction. In return for giving a subcontract, the amount of KRW 50,000,000 which is used as the operating expenses of our company is changed. If the subcontract is not possible, the said money will be paid immediately. In addition, upon the conclusion of the said construction contract, the new company needs to be an expert who is proficient in the English and business to contact with the U.S. military authorities, and therefore, B introduced as a president-class officer treatment.”

However, in fact, H did not have been awarded a contract for the construction work of the U.S. military supply base and Daegu base from the U.S. military, and did not have been planned to be awarded a contract. Therefore, the damaged company did not have the intent or ability to give a subcontract for the construction work of the above U.S. military supply base and Daegu base construction work. The Defendants did not have any specific property to the Defendants and did not have any intent or ability to pay money to the damaged company. Defendant B did not have any sufficient expert in English or the above construction work. Thus, the above construction was concluded with the injured company

On July 30, 2012, the Defendants: (a) through the above G, KRW 50,00,000 from the damaged company to the account under the name of J, the account number of the Defendants in the facts charged of the account No. K is the Agricultural Cooperatives L.