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(영문) 광주지방법원 2015.05.14 2014고단2522

사기

Text

[Defendant A] The defendant A shall be punished by imprisonment for eight months.

[Defendant B] Defendant B shall be punished by imprisonment for four months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A is a person who actually runs the F, and Defendant B is a representative director of the above company.

At the office of the State around December 12, 2012, the Defendants conspired with each other, and around that time, the said company was unable to obtain a contract performance bond from the Construction Mutual Aid Association due to bad financial standing, and even if the construction of a new building was carried out due to a large debt, creditors could not normally proceed with the construction because it was anticipated that the creditors would seize the construction completion money, even if the construction of the new building was carried out, the Defendants concealed such fact, and acquired the victims A’ bid for the new construction of the H Welfare Center equivalent to KRW 1.8 billion in the cost of the construction in the name of the victims’ “(State F). It would be 96% of the cost of the construction in the name of the victim’s “I will immediately pay the contract price of KRW 280,000,000 in the name of the State, which would have been issued after that month.” Defendant B, by deceiving the victims from next to that date, by deceiving the victims under the name of the victim’s new account in the name of (F).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each prosecutor's protocol of interrogation (including a substitute part) on the Defendants

1. Each statement made by the police officer in relation to G, I and J;

1. Investigation report (K and L currency content);

1. The defendant A and the defense counsel provided 278,965,065 won out of total amount of 280,00,000,000 won received from the victim as contract deposit, as well as the defendant A and the defense counsel provided 278,965 won out of total amount of 280,00,000,000 won of total amount of registered matters, a copy of the notice of transfer, a copy of bond transfer contract, a copy of transfer result, a copy of private statement, a copy of the notification of the conclusion of the contract, a copy of receipt, a copy of a receipt,