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(영문) 의정부지방법원 고양지원 2014.02.05 2012고단1331
사기등
Text

Imprisonment with prison labor for the crimes of subparagraphs 1 through 5 of the decision of the defendant, and six months for the crimes of Article 6 of the decision of the court below.

Reasons

Punishment of the crime

[criminal record] The Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for fraud, etc. in the Goyang Branch of the Jung-gu District Court on April 18, 2012, and the said judgment was finalized on April 26, 2012. On October 9, 2012, the Defendant was sentenced to a suspended sentence of two years of imprisonment with prison labor for eight months for fraud in the Goyang Branch of the Jung-gu District Court on October 17, 2012, and is currently under a suspended sentence.

1. The Defendant, from D who is engaged in the business of consulting with nursery facilities, was willing to defraud money by deceiving the Defendant as if the Defendant was aware of the fact that the successful bidder in the business of consulting with nursery facilities was unable to operate the nursery facilities due to personal circumstances.

On February 9, 2012, the Defendant concluded a false statement to the victim H in G located in the Kimpo-si F on February 16, 2012, stating that “The Gyeonggi-do E apartment management apartment was awarded a successful bid, and the successful bidder is unable to operate the nursery due to personal reasons, and the Defendant would be able to operate the nursery in the name of the party, so that he/she would enter into a bid contract for KRW 100 million.”

However, in fact, the defendant paid 65 million won to arrange the operator of a nursery facility from D and received a request to introduce a person who operates the apartment apartment nursery facility. Therefore, the defendant did not have any intention or ability to allow the victim to operate the apartment nursery facility directly.

As such, the Defendant, by deceiving the victim, entered into a bid request contract with the victim, and acquired 30 million won as the down payment by remitting it to a new bank account in the name of the IMO designated by the Defendant.

2. The defendant is the representative director of I in the case of a consulting company that will act as an agent for a general childcare center.

On March 16, 2011, the Defendant is to Seo-gu Incheon J.

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