logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2018.01.17 2017고단1798
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 22, 2017, the Defendant was sentenced to a suspended sentence of two years in the Seoul Northern District Court for fraud, etc. on August 30, 2017, which became final and conclusive on June 30, 2017.

On October 26, 2013, the Defendant shown the 45th floor of the building demolition contract concluded between D and E (State) in the mutual French shop located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City, with the victim D and E (State) and the 45th floor of the building demolition work contract, and had the removal work performed with the Defendant leased the removal license from F (State).

G (State) paid 90% of the sales price of this building, and immediately paid the remainder, and the construction will begin, but the external demolition work will be subcontracted, and the scrap from the removal work will be sold at KRW 30 million.

However, in fact, after the construction permit was granted in 2005, G did not purchase the above building or have been selected as a construction company due to the situation where the lien on the building was exercised in the situation where the construction was interrupted since 2009 due to the shortage of the construction company's funds, and as well, G did not have any intent or ability to subcontract the removal of the building or sell the scrap, even if it was paid the down payment from the victims.

Nevertheless, after deceiving the victims as above, the defendant entered into a subcontract for removal works and a purchase contract for scrap materials under the name of the victim D, and around October 29, 2013, the defendant transferred KRW 30 million from the victim E to the Saemaul Treasury account in the name of the defendant, as the contract deposit for removal works and the contract deposit for scrap purchase.

In this respect, the defendant, by deceiving victims, acquired financial benefits.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness J and E;

1. Each police statement made to D or K;

1. Contract form for the removal subcontracted work;

1. Each contract for removal works;

1. Contract for second purchase and sale;

1. Investigation Report (D.).

arrow