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(영문) 의정부지방법원 2017.11.22 2016고단3891

사기

Text

Defendant

A Imprisonment for eight months, and Defendant B shall be punished by a fine of 15,000,000 won.

Defendant

B The above fine.

Reasons

Punishment of the crime

Defendant

A is the representative director of F (hereinafter referred to as the "F"), and Defendant B, as a director of G (hereinafter referred to as the "G"), conspireds with the president of the G (hereinafter referred to as the "G"), and around September 2015, to K of the Vice-Chairperson of Victim I (J) (the representative director) at the mutual infinite coffee shop located in Gangnam-gu Seoul Metropolitan Government, and the "Seoul Gangnam-gu H removal site (hereinafter referred to as the "site") has the construction right.

L and F entered into a construction contract with land owners with a consensus.

On the face of KRW 100 million, a false statement was made that the above site removal works will be subcontracted.

However, the fact is that L(State) and F did not have entered into the above construction contract, and even if they received the above money from the victimized Company, they did not have the intent or ability to subcontract the instant site removal work.

Nevertheless, on October 2, 198 of the same year, the Defendants deceptioned the damaged company as above, and were transferred from the damaged company to the G office located in Seocho-gu Seoul Metropolitan Government, a check of KRW 30 million as security deposit for the removal work, and KRW 70 million from the 6th day of the same month to the G agricultural bank account in Seoul Metropolitan City through G name.

As a result, the Defendants conspired to obtain a total of KRW 100 million from the victimized company.

Summary of Evidence

1. Defendant A’s legal statement

1. The defendant B's partial statement

1. Each legal statement of the witness N, K andO;

1. The protocol concerning the examination of suspect by some prosecutor against the Defendants

1. Part of the police interrogation protocol regarding Defendant B (including K’s statement)

1. A protocol concerning the interrogation of suspect of the police against P;

1. Statement made to K in the police statement;

1. Each contract for a subcontract for a removal project, a contract for a removal project, a 30 million won contract, a check, a name tag, a bank transaction details, a certificate (L, G), receipt, inquiry about the results of transfer, on-site photograph (Defendant B in collusion with Defendant A).