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(영문) 부산지방법원 2013.06.05 2011고단3125

사기

Text

Defendants shall be punished by imprisonment for ten months.

Reasons

Punishment of the crime

Defendant

A is the president of E Co., Ltd. (hereinafter referred to as “E”), and Defendant B shall be the chairman of the above E.

The Defendants entered into a contract with G Co., Ltd. (hereinafter “G”) operated by F for the I mining works undertaken in Hanam-gun H, Hanam-gun, and paid the performance bond of KRW 450 million to December 27, 2008. However, even though the state of failure to pay the performance bond of the construction works and the contract was made during the contract period, G was in financial difficulties, and it was unclear whether the said construction works would normally be performed, the Defendants offered money from the victim J’s auditor as if he would reduce the subcontracted construction works in the above construction site, thereby receiving money as the contract bond.

From January 28, 2010 to E office, the Defendants made a false statement to K that “as to 6,30,000,000 won per square meter, 4,500 won per square meter, Do, and 2.8 billion won per square meter, the Defendants would be able to hold 6,30,000 won of forest land in Hanam-dong L.” On the other hand, the Defendants made a false statement that “as a contract bond, the amount of KRW 30 million is changed.”

The Defendants conspired to make a false statement to K and received 30,000,000 won in total on or around January 28, 2010 from the victim as a performance bond for construction works, and received 10,000,000 won in total from the Agricultural Cooperative Account in the name of each E on or around February 1, 2010 and received 30,000,000 won in total from the victim.

Summary of Evidence

1. The defendant A's partial statement

1. Some police interrogation protocol regarding Defendant B

1. Each legal statement of witness M and K;

1. The police statement concerning F;

1. Application of Acts and subordinate statutes of a payment angle, a mining plan modification certificate, a certificate of work performance guarantee, a business registration certificate, a certificate of registered matters, a construction contract, a punishment subcontract, and a specification of transactions;

1. Articles 347 (1) and 30 of the Criminal Act concerning the facts constituting the crime;

1. The selective sentencing of each sentence of imprisonment shall be executed.