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(영문) 서울서부지방법원 2016.02.17 2014고합205
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A and Defendant C shall be punished by imprisonment for two years.

However, the above Defendants for three years from the date of this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who has been provided with office, benefits, etc. in Seoul by the injured party H throughout about 15 years prior to his own connection, etc. and operated I Co., Ltd. (hereinafter “I”) and J Co., Ltd. (hereinafter “J”), and Defendant C is a person who has worked as the head of I’s headquarters.

Defendant

A and Defendant C did not have any intent or ability to collect earth and rocks in the vicinity of a Seongbuk reservoir in the city of ASEAN and to conclude a contract to supply them to the Pyeongtaek Gun base. While the victim did not have any intent or ability to subcontract the collection and transportation of earth and rocks for one section among the four sections of the collection site of the earth and rocks, they attempted to acquire money from the victim as the subcontract price.

Accordingly, on March 201, 201, Defendant A entered into a false statement stating that “A will be able to receive a subcontract for the collection and transportation of soil and stone for one of the four sections at the site of collecting earth and stone from the 4 sections at the time of collecting earth and stone from the J, and that Defendant A and Defendant C received KRW 50,000,000 from the damaged person to the NA’s account (K) around April 21, 201, from that time until September 15, 201, and received KRW 98,000,000 in total from September 9, 201 to September 15, 201.

As a result, Defendant A and Defendant C conspiredd to obtain 982,00,000 won from the injured person for the subcontract price.

Summary of Evidence

1. The Defendants’ respective legal statements

1. As to the credibility of the H’s testimony of the witness H’s legal statement, the following items are examined in the items of “determination of the assertion of Defendant A, Defendant C, and his/her defense counsel.”

1...

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