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(영문) 수원지방법원 2012.11.23 2012고단1084

사기

Text

Defendant

A Imprisonment with prison labor for one year, and for six months, for each of the defendants B.

However, this decision is delivered to the Defendants.

Reasons

Punishment of the crime

[2012 Highest 1246]

1. Defendant B’s joint crime of Defendant B and E, around June 2, 2006, entered into a contract equivalent to the amount of eight billion won for the remaining construction on the ground that in relation to the construction of the ice Rental Apartment in the 470thral in the documents of Yong-gun, Yong-gun, Yongnam-gun, the construction of the ice Rental Apartment at the 470thalmalm of the monthly Y, which was executed by Defendant B and the Defendant, and the construction of the ice Rental Apartment, which was introduced by the Defendant. However, on August 2, 2006, the construction of the friendly General Construction, which was the former contractor, continued to maintain the construction right and did not change the contractor, and the said construction of the friendly General Construction was terminated due to the failure to obtain the agreed financial loans.

At the time, the above executor suspended the construction due to the shortage of funds in the construction of the above apartment, and the 1.93 billion won subsidized with the Housing Fund was used for other purposes to complete the construction and obtain approval for the sale of the above construction.

Defendant

B and E made a decision to commence the construction of the above construction site around January 3, 2008, and when the lien related to the construction cost is being exercised in the comprehensive construction of Jeju, a construction contractor, the above auction and lien did not have the ability to resolve liabilities, such as the above auction and lien. Also, in the situation where the above apartment construction right was not acquired, the defendant and E, as if they had the above apartment construction authority, prepared a contract for the construction of the above apartment building (the commencement date, July 10, 2008, and December 31, 2008, the completion date) as if they had the above apartment construction authority, and conspired to acquire money as the above construction subcontract using the contract.

E has recruited a subcontractor for the above apartment construction project through Nonindicted Party A and G without knowledge of the fact, and the above apartment construction has been executed by the victim H, the victim I wishing to subcontract a septic tank construction work during the above construction work, and the victim J, etc. who wants to subcontract an elevator construction work, in the area of the area located in the area of the area located in 12, which is the unit store in Suwon-si, Suwon-si, Suwon-si, Suwon-si, and around June 18, 2008.