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(영문) 서울남부지방법원 2012.11.02 2010고단2450

사기

Text

Defendant

A 2 months of imprisonment with prison labor and No. 2-A of the ruling for the first crime.

Imprisonment with prison labor for a crime, or for a defendant.

Reasons

Punishment of the crime

Defendant

A on August 28, 2007, sentenced ten months of imprisonment for fraud at the Busan District Court, and was released on December 24, 2007 at the Busan Detention Center on the parole on December 1, 2008 and the parole period expired.

1. Defendant A’s sole criminal conduct refers to the victim D, a construction business operator, who was awarded a subcontract for a wooden house construction project with 40 households from Switzerland-si F, Chuncheon-si, where his address is unknown on or around March 2006, which falsely changed the 20 household construction cost.

However, the above wooden Housing Corporation was awarded a contract only for 30 households from G, and E was given a subcontract for 5 households with the defendant first, and the defendant was awarded a subcontract for 5 households if he was well aware of the construction, and E was not willing or ability to have the land owner perform the construction even if he received the money from the victim by preparing a written rejection of the waiver of the construction around February 2006.

The Defendant, by deceiving the victim as such, entered into a standard contract for private construction works with the victim on March 3, 2006, and around that time, ordered the victim to deliver KRW 40 million to H as the expenses for the introduction of construction works, and granted KRW 2 million from H on March 3, 2006 under the same name as the expenses for the introduction of construction works. The same month shall be the same.

6. Six million won, three million won as a policeman in the same month, and three million won as a policeman in the same year.

4.6.20 million won was issued and paid in total 31 million won;

2. Defendant A as the representative director of the Company I, who was subcontracted the new construction of the Yeongdeungpo-gu Seoul Metropolitan Government Office Officetel by the J Co., Ltd. on August 29, 2008 and was in charge of acquiring and operating the said J Co., Ltd. on or around January 21, 2009. Defendant B is a broker assistant of the “MM real estate” located in Yeongdeungpo-gu Seoul Metropolitan City L, who was requested to sell the said “Ktel” by Defendant A. A. The Defendants conspired to commit the joint crimes by Defendant A and B, and on December 22, 2008, the said “M real estate” was acquired.