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(영문) 서울동부지방법원 2014.02.14 2012고단2260
사기
Text

Defendants shall be punished by imprisonment for one year and six months.

Defendants shall jointly and severally obtain money from the F, the applicant for compensation, 30 million won.

Reasons

Criminal facts

[criminal power] On November 5, 2004, Defendant A was sentenced to a suspended sentence of 6 months of imprisonment for fraud at the Seoul Eastern District Court on May 20, 2005, and the judgment became final and conclusive on May 20, 2005. On August 26, 2009, on July 15, 2010, Defendant A was sentenced to imprisonment of 10 months with prison labor and one year of imprisonment with prison labor at the Gwangju District Court’s net Branch Branch, etc. on July 15, 2010 and completed the execution of the sentence. On March 30, 2012, Defendant A was sentenced to a suspended sentence of 6 months of imprisonment with prison labor at the Seoul Central District Court for fraud and 1 year and 6 months of imprisonment with prison labor, and the judgment became final and conclusive on April 7, 2012.

【Criminal Facts】

Defendant

A The chairperson of G and the defendant B of the same company have worked as the representative director of the same company.

On September 15, 2005, the Defendants made a false statement to the effect that “In our company, J Hospital, K department store removal and new construction works, the Defendants would give the victim F a subcontract for removal and civil construction works,” at the above company office located in Seongbuk-gu Seoul Metropolitan Government H building 503.

However, the Defendants knew that the construction of the building could not be carried out because they could not take over the building, such as J Hospital, due to the circumstances of the state at the time. Therefore, even if the victim received the contract deposit, the Defendants did not have the intent or ability to have the victim take charge of the removal of the building and civil engineering subcontracting.

Nevertheless, the Defendants conspired to induce the victim, thereby deceiving the victim as such, 160 million won as the contract deposit for the removal of the building as of the same day from the victim, and 170 million won as the contract deposit for the removal of the building as of October 8, 2005, and acquired 330 million won in total by acquiring 170 million won as the contract deposit for the public works of the building as of the same day.

Summary of Evidence

1. Defendants’ respective legal statements

1. Each legal statement of the witness F, L, M, N, andO;

1. Each prosecutor's office protocol against the Defendants (including L/L statements)

1. Each sales contract, a certificate of personal seal impression, a written agreement on succession to obligations, and a contract on delegation of duties;

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