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(영문) 춘천지방법원 원주지원 2014.08.27 2014고단424
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. The Defendant stated that, at his government’s commercial coffee shop, the victim C was a director of the consulting company called E (hereinafter “E”) in relation to the D apartment reconstruction project in Gunsan-si, and provided that, in relation to D apartment reconstruction project, the Defendant would receive KRW 100,000 per month for the purpose of funding to the head of the association in order to make the removal work take place in relation to D apartment reconstruction project. When the work to select the contractor is completed, the Defendant would receive service costs.”

However, the Defendant was not a regular director of E, and the selection of the contractor and the removal company was made by means of open competitive bidding, and at the time, E entered into a contract for public relations activities with D Housing Reconstruction and Improvement Project Association (hereinafter “Association”) and a special general meeting promotion agency services with the victim, so there was no intent or ability to allow the victim to receive the removal work even if the victim received KRW 1 million each month from the victim.

The Defendant received KRW 6,600,000 from the victim on June 21, 2012, from the time on which he/she received the remittance of KRW 1 million from the victim, and received KRW 6,600,000,000 from October 2012, as shown in the List of Crimes.

Accordingly, the defendant was given property by deceiving the victim.

2. On August 2012, 2012, the Defendant made a false statement to the victim C at a coffee shop where it is impossible to find out the trade name located in the Habro 2 dong of Habro, Madro, the Defendant concluded that “Isman died to the Habro F, and come to sit on the street on the way to drive away from the house. If you want to buy the house, I would like to collect service fees from the partnership after completion of the work of selecting the contractor, and if Isman borrowed KRW 50,000,000,000,000,000,000 won from the partnership.”

However, even if the Defendant borrowed KRW 50 million from the victim, it was thought that it would be used for personal purposes, such as living expenses, etc., and as above, the Defendant was willing or ability to allow the victim to take the removal work.

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