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(영문) 서울서부지방법원 2015.11.27 2014고단3315

사기

Text

Defendants shall be punished by a fine of KRW 3,000,000.

If the Defendants did not pay each of the above fines, 100.

Reasons

Punishment of the crime

[Criminal Justice] On February 21, 2012, Defendant B was sentenced to a suspended sentence of two years for the crime of occupational embezzlement at the Seoul Central District Court, and the said judgment became final and conclusive on November 3, 2012.

【Criminal Facts】

Defendant

A, who carries on construction business, Defendant B, who was an attorney-at-law, told the victim D to obtain money as a performance bond as if he subcontracted F's electrical construction in Chungcheongnam-gun E to the victim.

Accordingly, on January 12, 2012, Defendant A made a false statement to the victim to the effect that “B is the head of the Seoul Branch Office with H’s former operation. He will make a subcontract for electrical construction to F to undertake a new construction work.” Defendant A made an F New Electrical Construction Contract with the victim’s false statement to the effect that “I will pay KRW 30 million in cash instead of continuing construction work.” Defendant A and the victim visited Defendant B’s office at the end of January 2012, Defendant A and the victim visited Defendant B’s office, and Defendant B examined the new Electrical Construction Contract with the victim’s statement to the effect that “the content of the contract is true. It is deposit of performance bond,” and then, Defendant B notified the account number (J) in the name of the IF law office belonging to Defendant B.

However, in fact, the defendants did not confirm how the right of retention is set up in F, there was no intention or ability to properly carry out the construction work due to the failure to prepare the payment for the construction work, and even if they received the performance bond from the victim, they did not have the intention or ability to subcontract the electrical construction.

The Defendants received from the victim the transfer of KRW 20 million on February 16, 2012 from the victim to the account in the name of the said International Joint Law Office;

2. A person who received a remittance of KRW 30 million in total on 17.1 million.

Accordingly, the defendants are informed of property by deceiving the victim in collusion.