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(영문) 서울북부지방법원 2014.04.30 2013고단1850
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 25, 2013, the Defendant was sentenced to a suspended sentence of two years at the Seoul Central District Court for perjury. On November 2, 2013, the said judgment became final and conclusive on November 2, 2013.

(State) On March 25, 201, the Defendant, as a C director, invested the company in the amount of KRW 30 million with the representative D and 20 million, and registered the incorporation of the said company.

1. On October 6, 2011, the Defendant, along with D, stated that the victim F is a victim F at the (ju) office located in the third floor of the building in Gangnam-gu Seoul, Gangnam-gu, Seoul, that “Seoul, Seocho-gu, Seoul, 3 Seocho-gu, 146-12, to implement remodeling projects for the 1, 2, and 3 floors underground of the Southern Terminal subway History located in Seocho-gu, Seocho-gu, Seoul, Seoul, the Defendant was awarded a successful bid for the middle of October, and the construction may begin until the end of October. On the commencement of the project, the appraisal of the scrap metal generated from the removal works exceeds KRW 30 million, and that the right to collect scrap metal will be granted if the scrap metal is around KRW 160 million.”

However, the fact was that at the time of public announcement of tender, and it was not clear whether to receive a successful tender for construction works, and there was no intention or ability to subcontract the business of collecting scrap metal to the victim.

In collusion with D, the Defendant, by deceiving the victim as such, received 140 million won from the victim to the (ju) corporate account under the pretext of scrap metal from the victim, namely, from the victim.

2. On January 11, 2012, the Defendant, along with D, made a false statement that “The Defendant would pay 80 million won in one month on a one-time loan, as the funds are insufficient to increase to start the construction work.” In short, the Defendant concluded that “The Defendant would pay 80 million won in one-month loan.”

However, there was no other record after the incorporation of the company, and there was no intention or ability to repay the operating expenses of the company by borrowing operating expenses from another person.

The defendant, in collusion with D, deceives the victim and is subject to such deception.

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