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(영문) 부산지방법원 2013.05.29 2012고단5789
사기
Text

A defendant shall be punished by imprisonment for six months.

except that 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

(1) The Defendant is the representative director of C. (B) The C.C. was an old-age company that had been established around 2009 in order for the Defendant to start sand gathering business in the south and had no record of having been invested therein, and had no record of construction work experience and has no ability to carry out removal work.

On June 17, 2011, the Defendant, in the name of D on June 17, 201, tried to obtain money from a person who wishes to obtain a contract for the removal work of Busan Embry with D by means of concluding a subcontract with D on the removal work of Busan Embry.

On the other hand, the Defendant did not know how the removal work was carried out at the apartment reconstruction site due to the lack of experience in the reconstruction work, and as seen above, at the time of entering into a subcontract for the removal work with D as stated in the contract, no copy of confirmation was made with the competent authority on July 20, 201.

Nevertheless, on July 9, 201, the defendant was in the office of the defendant in Busan-gu, Busan-gu, and even if he was paid money from the victim G (the age of 43 to the Busan-gu in preparation for completion and the member's gift visa in connection with the Busan-gu reconstruction work, the money was planned to be paid to D, and the defendant's wife operation expenses were to be consumed for the expenses of living, such as the cost of the defendant's wife operation, but the victim's "it was ordered to remove the E apartment reconstruction work from D, and 50 million won is required to be deducted from D, and there is a need to lend 85,00 won at the expense of the member's gift at the time of the removal work, and there is no doubt that the redevelopment permission was granted at the competent office. If there is no permission, the sum of the money received without permission will be returned immediately, and the sum is to be returned from the victim.

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