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(영문) 대전지방법원 공주지원 2018.05.04 2017고단362

사기등

Text

1. Defendant A is punished by imprisonment for two years with prison labor for the crimes of the order of 2017 senior group 362 and the crimes of the order of 2018 senior group 138.

Reasons

Punishment of the crime

[criminal record] On April 17, 2015, Defendant A was sentenced to imprisonment with prison labor for six months at the Seoul Eastern District Court for fraud, and the said judgment became final and conclusive on August 1, 2015.

[2] Criminal facts: 2017 Highest 362- Defendants B are the persons who are outside of the victim E.

Defendant

A and Defendant B conspired with the victim to “I would make a subcontract for the relevant construction work if the Defendants would have to do so together with the F earth and stone gathering work at the time of Mineyang, and if I would lend the permitted expenses, etc., I would make a subcontract for the relevant construction work.”

Defendant

B around March 24, 2011, the bill of indictment was written at the defendant B's house, but the defendant B asserted that the bill was only made at the defendant's house, and the defendant A and the victim met at the coffee shop and made a statement at the court.

Considering this point, the identity of the basic facts charged is recognized and the place of crime in this part of the facts charged (including the list of crimes) is revised to the extent that there is no substantial disadvantage in the exercise of the defendants' right to defend.

The victim is under the plan for the gathering of soil and rocks from the Filwon in the Mayang-si in South Korea along with A.

The construction work shall be conducted with permission to collect earth and stone from a loan of KRW 100 million.

When the construction is carried out, it is false that the principal will be returned and the soil and sand transport work will be subcontracted. The defendant also made a false statement to the same victim as the defendant B at around that time.

However, the Defendants were unable to obtain permission for the collection of earth and stones at the time, and even if they received KRW 100 million from the injured party, they did not use them for the payment of the existing borrowed money or for the personal living expenses of the Defendants. Therefore, the Defendants are entering into a subcontract for the transportation of earth and sand to the victim.