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(영문) 수원지방법원 2013.07.17 2013고단810
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

The Defendant, as if C had ordered construction from the former NIS, was aware that C had received a contract, and the Defendant conspiredd with C to receive money as a contract deposit for construction works, under the presumption that C had received a contract.

Accordingly, around July 10, 2008, the Defendant received orders from the victim of the office operated by Dongdaemun-gu Seoul Dongdaemun-gu Seoul, to perform the above US military base relocation appurtenant work, such as developing Masan to prepare earth and sand to use it for the relocation of Pyeongtaek-gun base, and rocks, etc. to prepare for the above US military base relocation appurtenant work, and the permission for the above Masan Corporation was immediately issued. The payment of KRW 1 billion was made in advance, the Defendant made a false statement to the effect that “A subcontract construction for the relocation of the US military base relocation appurtenant work will be ordered from the former National Intelligence Service Bureau of Korea, which is the head of the former National Intelligence Service Bureau of the NIS,” and C was able to perform the relocation of the US military base relocation from that point to the U.S. military base relocation.

However, in fact, C did not have served in the National Intelligence Service, and did not receive appurtenant work before Pyeongtaek-gun military base transfer, and it was thought that the money received from the victim was used for personal purposes by dividing it into C, and thus, even if the money was received from the victim as the subcontract contract deposit, the victim did not have the intention or ability to subcontract the appurtenant work before Pyeongtaek-gun military base transfer.

Nevertheless, as such, the Defendant: (a) by deceiving the victim as such; (b) received KRW 100 million from the new bank account in the name of H, a woman of the Defendant, to the new bank account in the name of H under the name of the Defendant, under the pretext of the subcontract deposit in accordance with the Pyeongtaek Transfer Base Work; and (c) from that time until March 13, 2009, the Defendant issued the same method.

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