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(영문) 서울서부지방법원 2014.07.04 2013고단1356
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

[criminal power] On December 1, 2011, the Defendant was sentenced to a suspended sentence of two years in the Seoul Western District Court for criminal fraud. The above judgment became final and conclusive on April 26, 2012.

【Criminal Facts】

The defendant is a substantial operator of H.

On July 8, 2008, the Defendant paid KRW 15,90,000,000 to H (ju) office of Eunpyeong-gu Seoul Metropolitan Government 2.15, and to G operating the victim (ju) J office of Eunpyeong-gu 2.15, that “The Defendant shall pay KRW 30,000,000,000 per week for the main complex building design and supervision services on three lots, such as Gangseo-gu K, Seoul and the 11th floor size above the ground, and shall pay KRW 10,59,000 per cent upon the contract. The Defendant shall pay KRW 20% per cent upon the receipt of the construction permit, and KRW 31,80,000,000 per cent upon the completion of the construction report, and KRW 30,740,000,000 when the implementation design documents are supplied, and shall pay KRW 31,80,000,000 remaining within 2 months after the completion of construction.”

However, the fact is that there was a debt of KRW 3 billion, such as L, etc. at the time of the contract, and whether it is possible to obtain the future loan, and there was no intention or ability to pay the service cost even if the victim received the design and supervision service.

The Defendant, by deceiving the victim as above, obtained pecuniary benefits equivalent to KRW 150,000,000 from the time when he was provided with the design and supervision services of the above main complex building from July 2008 to July 2009.

Summary of Evidence

1. Statements of witnesses G and M in the second protocol of the trial;

1. Prosecutions and police interrogation protocol of the accused;

1. A design contract of a building, a written request for the payment of expenses for design service of a multi-purpose complex in Gangseo-gu, Gangseo-gu, a content-certified source, a contract for apartment sale, a report on commencement of construction, a report on commencement of construction, a certificate of completion of completion of construction, a written confirmation of related documents, a written application for permission

1. Records of judgment: Criminal records, etc.;

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