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(영문) 서울서부지방법원 2014.12.18 2013고단1239
사기
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who assumes a false name as the president of the E Stock Company and the president of the F Stock Company, and Defendant B is a person who assumes a false name as the vice president of the F Stock Company.

1. Around August 25, 2006, Defendant A told the victim H of the E office located on the second floor of the Jongno-gu Seoul Metropolitan Government G Building, that “The victim H expressed that “The cost of KRW 20 million is KRW 20 million to contract the construction of the I.I. Urban Development Business Association street lamps related to the construction work.”

However, even if the defendant received money from the victim, he did not have the intention or ability to cause the streetlight construction.

Nevertheless, on the same day, the Defendant received KRW 20 million from the victim to the national bank account in the name of the Defendant’s wife on the same day as the contract cost for street lamps.

2. Defendants’ co-principal conduct

A. On September 5, 2008, the Defendants conspired to the Defendants, at the subway construction site office located in front of the Seogyeongdong University of Mapo-gu Seoul, Mapo-gu, Seoul, said that the victim K “the victim K would be 30 million won at the test cost to reduce the right to operate the restaurant at the construction site of the apartment site located in the Seogdong-gu, Daejeon.”

However, even if the Defendants received money from the victims, they did not have the intent or ability to give the victim the right to operate the said cafeteria at the construction site.

Nevertheless, the Defendants immediately received KRW 10 million from the victim as the price for the right to operate the restaurant on the spot, and around October 10, 2008, the Defendants received KRW 10 million from the Eunpyeong-gu Seoul Metropolitan Ga Ma, and around November 21, 2008, transferred KRW 1 million to the account in the name of Dong M in Dong on November 21, 2008. On November 25, 2008, the Defendants received KRW 30 million in total four times, including the receipt of KRW 9 million from the coffee shop in Seoul L, and received KRW 30 million in total.

B. The Defendants conspired, around October 14, 2008, at the front coffee shop in Eunpyeong-gu Seoul Metropolitan Government, to request the victim N to contract the civil engineering works of the apartment construction in the Daejeondong-gu.

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