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(영문) 서울북부지방법원 2017.03.09 2016고단159
사기
Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 3,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. On October 22, 2014, Defendant A, the 2016 Highest 159, made a false statement to the effect that “I will give a subcontract to F Co., Ltd. to F Co., Ltd. and return money within 15 days if the subcontract is obstructed.”

However, at the time, Defendant A received money from other persons on a construction subcontract with no particular property at the time, and the said new construction work did not proceed properly after the construction permit was granted in around 201, and Defendant A did not have an intention or ability to return money borrowed from the damaged party as well as the subcontract of the said construction work.

Defendant

A, as such, by deceiving the victim, was transferred KRW 20 million to the Agricultural Cooperative Account in the name of the defendant through I on October 30, 2014 from the victim.

2. On August 15, 2013, the Defendants: (a) subcontracted the construction of the machinery and equipment in the office of Defendant A located in the Gyeonggi-gu Seoul Dongdaemun-gu Seoul Metropolitan Government (J) to the victim L in return for the subcontract; and (b) Defendant B concluded the construction of the instant officetel with the owner of the building and the construction contract.

Upon receipt of a subcontract for the construction of machinery and equipment among the construction works of the above officetels, 30 million won, which is 10% of the construction cost of machinery and equipment, shall be paid in advance, and the construction work may also proceed immediately.

As a result of giving a subcontract for the above machinery and equipment construction, A shall be given KRW 10 million to A, and 5 million to M who introduced the above construction shall be given KRW 5 million to E, and 5 million to E, and Defendant A shall show the documents related to the above construction to the victim.

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