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(영문) 서울중앙지방법원 2013.04.05 2012고단4800

사기

Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 23, 2011, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Central District Court for fraud, and the said judgment became final and conclusive on October 1, 2011.

[2012 Highest 4800]

1. Around December 2010, the Defendant, at the office of Seocho-gu Seoul Metropolitan Government D 2nd floor E Co., Ltd. (hereinafter “E”), issued orders from the representative director G of the victim F Co., Ltd. to G (hereinafter “I”) for the removal of the site for the construction site for the redevelopment apartment at Guri-si H H, and ordered to subcontract construction of construction waste disposal services related thereto. Upon receipt of a subcontract, the Defendant would demand KRW 100 million. If the construction project is not commenced or if the construction project is not known, the Defendant would return the money by adding interest by May 31, 201.”

However, it was true that E, which the Defendant’s operation, entered into a subcontract for the removal works related to the redevelopment project in the Guri-si City HJ around June 2007, but this was not clear whether or not this contract was entered into as a provisional contract, and E had no intent or ability to subcontract the said construction to the victim as it was closed on or around June 30, 2009, and there was no ability to return the money received from the said victim if the said victim is unable to subcontract the said construction works.

Nevertheless, as above, the Defendant, by deceiving the above victim, obtained each of the above victim's KRW 10 million on December 1, 2010, KRW 20 million on December 15, 201, KRW 20 million on the same month, and KRW 70 million on December 20 of the same month, and acquired 100 million in total.

2. The Defendant, at the E office around January 201, 201, delayed the redevelopment project for the HJ in Gulri-si.

It is also ordered by I to remove construction works related to the redevelopment of J apartment in Gangnam-gu Seoul, Seoul, and will subcontract construction works related to construction waste disposal services. If it is ordered to receive a subcontract, the amount of KRW 150 million will be changed.