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(영문) 대전지방법원 2014.05.30 2013고단4759
사기
Text

Defendant

B Imprisonment for a year and six months, and Defendant C shall be punished by imprisonment for a period of ten months.

except that from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(C) Defendant BC led to the confession of all parts of the primary facts charged except for the part of the conspiracy with Defendant A, and the ancillary facts charged are based on the argument of the said Defendant BC.

As seen in the “not guilty portion,” the evidence submitted by the prosecutor alone is insufficient to recognize the fact of Defendant A’s conspiracy. As such, Defendant BC also should be acquitted in accordance with the latter part of Article 325 of the Criminal Procedure Act, since there is no proof of a crime as to the part of Defendant A’s conspiracy among the primary facts charged, it constitutes a case where there is no proof of a crime. However, as long as the Defendant BC is found guilty

Defendant

B is the representative director of corporation E, and the defendant C was sentenced to a suspended sentence of two years for the violation of the Labor Standards Act at the Changwon District Court on January 29, 2009, and the judgment became final and conclusive on February 6, 2009.

Although the Defendants knew well that “E” in the construction project of a multifunctional administrative city, among the construction projects of a multifunctional administrative city, is unable to receive the project, such as relocation of graves, removal of obstacles, deforestation of forest trees, and transplantation, the Defendants conspired to receive investment funds by stating that the investors, who were Defendant C, can receive the said project from the investors.

Accordingly, on October 2009, Defendant C stated that “E may be entrusted by the Korea Land and Housing Corporation with the relocation of sprinks and sprinks in connection with the multifunctional administrative city project.” However, Defendant C stated that “E shall be entrusted with the relocation of sprinks and sprinks in relation to the multifunctional administrative city project, and 30,000,000,000,000,000,000,000.”

The victim FH, upon receiving the above investment proposal and proposing the victim JI to jointly make a joint investment in the above projects, will prepare investment funds according to their own capabilities.

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