(영문) 광주지방법원 2012.11.22 2012고단3737

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(영문) 광주지방법원 2012.11.22 2012고단3737

사기

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

Reasons

Criminal facts

1. On November 29, 2010, the Defendant, at any coffee shop located in front of the 2nd office building of the female-speak-dong, decided to pack the road from the female-speak-dong public terminal to the center of the central library. The foregoing Corporation, the Defendant, at the time of the female-speak-dong conference, ordered the victim D to pack the road from the female-speak-dong public terminal to the center of the central library. As the F, who is under construction and the selection of the subcontractor, would be awarded a subcontract, the construction may be subcontracted to the Speaker at the time of the female-speak-si.

However, even if the defendant receives the above money from the victim, the defendant did not have any intention or ability to transfer the money to the Speaker at the time of making a loan or to enable the company operating the victim to receive the subcontract for the above work.

Nevertheless, the Defendant, by deceiving the victim as above, could be said to have paid money to D, that “I may obtain a subcontract to the Speaker at the time of loan” was doubtful of the Defendant’s horse, but the Defendant could be said to have received a large amount of money.

Therefore, it is judged that D's act of deception was omitted in "the mistake" by the defendant.

On November 29, 2010, KRW 500,000 from the victim, KRW 2 million around January 12, 201, and KRW 3 million around February 28, 201, were remitted to the Agricultural Cooperative (H) account of G, and acquired it.

2. On February 22, 2011, the victim D was awarded a subcontract for the wastewater treatment plant civil works (the construction amount: KRW 1.166 million) among the wastewater facility works of the J Co., Ltd. from “I Co., Ltd.” at the Defendant’s expense.

After that, at the K coffee shop around February 28, 201, the Defendant stated to the effect that the Defendant “as he has been awarded a subcontract for the works ordered by J, he must issue 30 million won, which is 30 million won of the construction cost, at the personnel expense, to the head of the company extension team. It will be easy to work in the future. 50 million won in the envelope shall be prepared and changed.”

However, the defendant is paying the above money from the victim.

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