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(영문) 서울서부지방법원 2014.04.23 2013고단3325
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On September 24, 2011, the criminal defendant against the victim C made a false statement to the victim C that “I will return money under the name of the principal of the D redevelopment partnership, removal in connection with redevelopment, civil engineering works, etc., as the performance guarantee for construction works, when the Corporation commences.”

However, the Defendant did not have the authority to carry out redevelopment projects because it was not the head of the redevelopment partnership. The redevelopment project did not have been completely carried out due to E, the head of the partnership, and there was no procedure to select a contractor, and even if he received the money under the name of the construction performance guarantee, he did not have the ability to subcontract the removal, civil engineering works, etc. to the victim. The Defendant did not have any particular income at the time, and the Defendant was thought to have been able to use it as payment of rent, personal debt, payment of office lease deposit, etc. upon receipt of the money from the victim.

Nevertheless, the Defendant written indictment from the victim on September 27, 201 as of September 24, 201. However, according to evidence, it was transferred to a corporate bank account in the name of F as a result of a clerical error in September 27, 2011. On October 5, 2011, the Defendant was transferred KRW 10 million to a corporate bank account in the name of F. On November 3, 201. On November 3, 201, the Defendant was transferred to the same account on November 3, 2011. On November 21, 2011, the written indictment was written on November 5, 201. However, according to evidence, the Defendant received KRW 5 million in the same account as a clerical error in November 21, 201, and received KRW 100,000,000 won in the aggregate after being issued.

Accordingly, the defendant was given property by deceiving the victim.

2. Around January 8, 2013, the Defendant against the victim H was at the “C” office of the Defendant’s operation in Eunpyeong-gu Seoul Metropolitan Government Defendant I, the victim H and his/her his/her his/her dependent, and the victim H were the head of the D redevelopment partnership. As to D’s redevelopment, the Defendant was the head of the D redevelopment partnership. As to D’s redevelopment, the Switzerland was decided by the Corporation.

b.redevelopment;

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