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(영문) 서울서부지방법원 2017.02.02 2016고단225

사기

Text

Defendant

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

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

On October 15, 2013, Defendant A was sentenced to one year of imprisonment with prison labor for fraud in the assistance of Suwon Friwon, the method of Suwon Friwon, and on April 11, 2014, the said judgment became final and conclusive.

“2016 Highest 225” (Defendant A) The Defendant in collusion with E to give the victim F the right to operate the restaurant and civil works on the construction site.

On April 26, 2013, in order to obtain money by fraud, the victim ordered the victim to do public works of the I Recreation Group I recreational Condominium in Pyeongtaek-gun, Gangwon-do, in the E office located in Guro-gu Seoul Metropolitan Government.

It was false to the purport that I would like to ask the public corporation to pay money in the name of down payment because I would like to give the restaurant operation right and civil engineering work.

However, the fact that G construction did not have ordered the above condominium civil engineering works, and the defendant or E did not have received the above civil engineering works, and the victim did not have the intention or ability to subcontract the right to operate the restaurant at the construction site or the above civil engineering works.

In collusion with E, the Defendant: (a) received KRW 5 million from the injured party by deceiving the injured party; (b) received KRW 13 million from the Defendant’s veterinary cooperation account on April 26, 2013; (c) received KRW 200,000 from cash around May 2, 2013; (d) received KRW 13 million from the J’s account designated by E on May 9, 2013; and (e) received KRW 200,000 from the Defendant’s veterinary cooperation account on July 26, 2013 to receive KRW 1 million in total.

On April 15, 2013, the Defendant: “The Defendant would arrange for the victim L to receive a subcontract for civil engineering works among the construction works of Pyeongtaek-gun N, Gangwon-do and the construction works of the 2-day Priart Oriart, which was subcontracted for the construction of the 5th floor office in Geumcheon-gu Seoul, Geumcheon-gu, Seoul, for the first time. Accordingly, the Defendant would enter into a subcontract with the victim L on April 15, 2013.

“The phrase “ was false.”

However, in fact, M&D Co., Ltd. did not have ordered the instant construction, and thus, the Defendant was the victim.