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(영문) 울산지방법원 2020.02.17 2019고단1687
사기
Text

The crime of "2019 order 1687" in the judgment of the defendant shall be punished by imprisonment with prison labor for one year and four months and "2019 order 3368" in the judgment of the court.

Reasons

Punishment of the crime

[criminal power] On January 22, 2015, the Defendant was sentenced to a suspended sentence of two years for a violation of the Attorney-at-Law Act at the Ulsan District Court on October 1, 2015, and the said judgment became final and conclusive on August 1, 2015. On September 22, 2017, the Defendant was sentenced to imprisonment with prison labor for three months and six months and the said sentence became final and conclusive on January 25, 2018 at the Busan District Court.

"2019 Highest 1687"

1. Around July 1, 2014, the Defendant committed a crime related to the subcontracting of the construction project, which was conducted by the Defendant on the second floor in Ulsan-gun, Ulsan-gun, Ulsan-gun, that was delegated the victim E with the right to enter into a subcontract agreement with the Defendant’s (i.e., the subcontractor) representative with respect to the “B created construction project,” which is being undertaken in the Gyeong-gun, Ulsan-gun, Ulsan-gun, Seoul-do. The Defendant made a false statement to the victim E, stating that the Defendant may subcontract the construction project to the Party at home. However, if the cost required for the progress of the construction project exceeds KRW 55 million, the said construction would be allowed to be executed.”

However, in fact, the Defendant did not have been delegated the right to enter into a subcontract with G, the actual representative of the F, with respect to the said construction work, and the said construction work had already been terminated by submitting a written withdrawal of the waiver of the construction work to H, the principal contractor, on April 8, 2014. Therefore, even if the Defendant received money from the victim, the Defendant did not have any intent or ability to subcontract the said construction to the victim.

As such, the Defendant, by deceiving the victim and deceiving him/her as such, shall be from the victim on July 1, 2014, KRW 5 million, and the same year.

7. 29.5 million won, and the same year;

7. 31. 5 million won, and the same year;

8.4.20 million won in total 85 million won was remitted to the Agricultural Cooperative (I) account under the name of the defendant.

2. On August 20, 2014, the Defendant is also entitled to enter into a subcontract agreement for the “J Creation Project” undertaken by the said victim from the said G, the representative director of the said G, who is the Republic of Korea, in the said D office.

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