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(영문) 서울서부지방법원 2013.04.16 2012고단1450
사기미수
Text

Defendant

A, B, and D shall be punished by imprisonment with prison labor for two years, by imprisonment with prison labor for one year and six months.

except that this judgment.

Reasons

Punishment of the crime

1. Defendant A and B made the victim H and I believe that Defendant A was a person who brought about a government-oriented position, and had the right to develop the Hosan J apartment. Defendant C, D, and E presented to the victims a certificate of guarantee that Defendant D had no capacity to guarantee payment, thereby having the victims believe that the Defendants were capable of guaranteeing payment, and then conspired to acquire 1 billion won as an investment deposit for the development of apartment.

Defendant A and B said, around 12:00 on January 2, 2010, at the same time, Defendant A and B referred to as “A, at the time of the government of the Republic of Korea, has the right to develop an apartment with the intention of leisure and mountain J, by being designated by the Government as a secretary of the Central Information Department and Information Department,” and “A, at the time of the government of the Republic of Korea, has the right to develop an apartment.”

After that, at around 17:00 on the same day, the Defendants again told the victims to the highest level of the office building of the Macheon-gu Government. The Government designated the right to develop the apartment at Sejong-do government office, which has been in possession of it. At the time of being in office as the secretary, there is no significant building from Sejong-ro to the Cheongmul-ri. At the time of being in office as the secretary, the large companies with the buildings with the large amount of building from Sejong-do government to the Cheongmul-ri did not have received any assistance, and there is a need of one billion won as the down payment for the development of the apartment in the Ilsan-si L station. In the event of the development, it would be 2 billion won including the principal after 67 days after the subcontract for the civil engineering work and one billion won. In addition, if the head of the Tong-gu bank is deposited into the account, it would be paid the down payment later to the Government and obtain a guarantee for the guarantee of one billion won."

However, there was no fact that Defendant A sent to the Central Information Board and the Secretary at the time of the K government, and the Defendants were developing the land of Ilsan M.

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