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(영문) 인천지방법원 부천지원 2018.02.09 2017고단1598

사기

Text

Defendant

A Imprisonment with prison labor for six months and for ten months, respectively.

Reasons

Punishment of the crime

【Defendant A was sentenced to a suspended sentence of six months of imprisonment for fraud at the Incheon District Court on July 26, 2012, and the judgment became final and conclusive on August 3, 2012. On June 27, 2014, the Incheon District Court sentenced Defendant A to six months of imprisonment for fraud.

Defendant

B On July 26, 2012, the Incheon District Court was sentenced to two years of suspension of the execution on August 17, 2012 for criminal fraud at the Incheon District Court, and the judgment was finalized on August 17, 2012.

【Defendant A and Defendant B are the representatives of Defendant A and Defendant B, the corporation of F Co., Ltd. (hereinafter “F”) in the office of the F Co., Ltd. (hereinafter “F”) located in Seocheon-gu Seoul Special Metropolitan City E building 906 on October 10, 2009. The victim “Defendant A is the representative of F Co., Ltd., Ltd., the private party to the implementation of the construction of a new complex building on the week other than Gyeonggi-si H, and Defendant B is the executive director of F, the contractor of the said construction.

Defendant

A paid 200 million won out of the land value of 300 million won to land owners, and the remaining money is not under way.

The construction work shall commence within one month with the permission from the land owner with the consent of the bank to use the land, if it is lent money necessary for the purpose of ordering the lessee of the land, and the construction work shall be subcontracted among the construction work in this case.

“A false representation was made.”

However, in fact, even if the Defendants received money from the injured party, they thought to be used as personal debt repayment, etc., and the Defendants were unable to carry out the said construction, and there was no intention or ability to subcontract civil and structural construction to the injured party.

On October 26, 2009, the Defendants received KRW 3 million from the injured party to the account under the name of the JJ, and received KRW 51 million around October 28, 2009 in cash, and received KRW 47 million around October 30, 2009 as a check and received KRW 11 million in total.

As a result, the Defendants conspired to attract the victim to receive property.

Summary of Evidence

1. Each legal statement of the defendant A and B (part)

1. Each of the witnesses M, K, B (part) and L.