logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2018.10.11 2017고단138
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 21, 2014, the Defendant against the Victim B: (a) around December 21, 2014, the victim B, who operates the (ju) E-E in Seocheon-gu C Building D; (b) “F is the operator of the said reconstruction construction; (c) the (ju) F is the operator of the said reconstruction construction; and (d) the Defendant borrowed C building demolitions to the E-E as much as possible to reduce the subcontract price for the removal of the building. Accordingly, the Defendant would be repaid when the PF funds are raised.

“A false representation was made.”

However, the facts are that (State) F was not able to perform the work on May 21, 2013 due to the cancellation by the business operator, and at the time, the defendant had no intention or ability to give a subcontract for the removal works to G, even if he received the money, since the removal works had already been subcontracted to G.

On February 7, 2014, the Defendant received KRW 15 million from the damaged party to the H Association account (I) in the name of the Defendant.

2. On February 7, 2014, the Defendant against the victim J is a condition that the victim J, operating K in Seocheon-si C building D, Seocheon-si, Seocheon-si, Seoul, “F is the operator of the said reconstruction construction project (ju) planned to remove and reconstruct the C building and operated by it. If K wishes to obtain a subcontract for removal works during the reconstruction project of the C building, it is necessary to pay a deposit of KRW 70 million. On the other hand, K transfers down payment of KRW 30 million, and the Corporation receives a down payment at the time it does not proceed.

“A false representation was made.”

However, the defendant had no intention or ability to give a subcontract for the removal work even if he received money from the defendant because he had already subcontracted the removal work to B as described in paragraph 1.

On February 8, 2014, the Defendant was transferred 30 million won to the H Association account (I) with the Defendant’s name on February 8, 2014.

Accordingly, the Defendant received a total of KRW 45 million from the victims.

Summary of Evidence

1. A protocol concerning the examination of suspect by some police officers against the defendant (including B or L);

1. Each police statement with respect to M, B, and J;

1. Contract for removal;

1. Account statement;

arrow