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(영문) 서울동부지방법원 2015.06.11 2013고단1554

사기

Text

Defendant

A Imprisonment with prison labor for eight months, for one year, and for six months, for each of the defendants C.

, however, the defendant.

Reasons

Punishment of the crime

[Attachment] On January 7, 2009, Defendant A was sentenced to 10 months of imprisonment with prison labor at the Gangnam Branch of the Chuncheon District Court for fraud, etc., and completed the execution of the sentence on November 30, 2009.

[2013 Highest 1554]

1. Crimes against victim F;

A. On March 10, 2011, the Defendants concluded that, at the office of “H” of Songpa-gu Seoul Metropolitan Government G Building 9017, the Defendant ordered the victim F to remove the dong steel chemical located in Seocheon-gu Seoul Metropolitan Government school-interestdong. The Defendants need to select a subcontractor for waste transport, and there is a difference between the 100 large volume of waste transport subcontract cost and the 100 large volume of waste transport subcontract cost.”

However, there was no plan to perform the above removal works, and the Defendants did not have the intent or ability to subcontract the above removal works to the victims because they did not receive the above removal works.

The Defendants conspired to deception the victim as above and receive KRW 2,41.6 million from March 10, 201 to March 6, 2012, from the time when the Defendants received the remittance of KRW 3 million from the victim. As indicated in the list of crimes, the Defendants received KRW 2,41.6 million in total from March 6, 201.

B. On February 6, 2012, Defendant A’s sole criminal conduct stated that “The Victim F was ordered to undertake the Jeju Island Remodelling Project and the New Construction Project. The payment of KRW 50 million to KRW 50 million is to immediately subcontract the removal work equivalent to KRW 2 billion.”

However, Defendant A did not have any intention or ability to subcontract the removal work to the victim because it did not have been ordered to undertake the remodeling work and the new construction work for the Jeju Ireland hotel.

Defendant

A, as above, deceiving the victim and was delivered from the victim the sum of 50 million won cashier's checks, namely, KRW 10 million.

2. Crimes against Defendant B’s victim J.

A. Defendant B is located adjacent to a national bank near the Gangnam-gu Seoul Metropolitan Government Line on February 17, 2012.