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(영문) 수원지방법원 여주지원 2012.08.29 2012고단438
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On March 23, 2011, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Eastern District Court (Seoul Eastern District Court). On December 27, 2011, the said judgment became final and conclusive on December 27, 2011, is currently being executed in a

[Criminal Facts] On December 201, 201, the Defendant received an order from the victim E to the victim E to receive a subcontract for the collection, transportation, etc. of soil and rocks from the Water Resources Corporation when the F construction, the head of which is the head of the Gu, was awarded from the Water Resources Corporation to the victim E in the vicinity of the Songpa-gu Seoul Metropolitan C church, Haman Park, and the cost of the friendly test is that it is necessary to obtain a subcontract for the collection, transportation, etc. of soil and rocks for the G construction, and on December 24, 201: D, E, and C:

2.(c)

A construction company that places an order for three projects and the authority and duties of Byung is obligated to receive orders.

3.(a)

After Gap and Eul paid in advance the expenses required to enable Byung to carry out the orders of the project, they will be deducted with priority when profits from the project occur.

(e) Where Gap and Eul perform their obligations, and Byung received necessary expenses, and where Byung cannot receive orders from the ordering company, the necessary expenses for which Byung received orders shall be immediately returned to Gap and Eul.

'' has drawn up an agreement on the same business for the collection and transportation of soil and stones containing the contents of such terms and conditions.

However, in fact, F&D had no plan to subcontract to other companies with respect to G&D projects contracted with the Water Resources Corporation, and the Defendant thought that the Defendant would use the victim’s personal debt repayment, not with respect to F&D funds. Therefore, even if the Defendant received money from the victim for a non-financial purpose, he did not have the intent or ability to receive the subcontract from F&D projects even if the Defendant received the money from the victim for a non-financial purpose.

On December 27, 201, the Defendant deceivings the victim as such, and deceivings the victim, H. who is his father and wife of the Defendant.

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