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(영문) 춘천지방법원 2012.05.03 2011고단3
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A on July 13, 2010, sentenced to imprisonment with prison labor for a crime of fraud, etc. in the original state branch of the Chuncheon District Court on February 19, 201, the judgment became final and conclusive on February 19, 2011.

F is a person who has served as the president of G Co., Ltd.; Defendant A is a person who served as the representative director of the said company; H is a person who served as a managing director of the said company; Defendant B is a person who served as the representative director of the said company from July 2009 to Defendant B.

1. Around April 2009, Defendant A, along with F and H, proposed to build a church and apartment in the name of the Asset Management Corporation and the Ethyle branch of a welfare corporation under the name of the Ethyle branch of a welfare corporation under the order from the asset management corporation and the Ethyle branch of a welfare corporation under the order of the land of the Gu (Gu) K located in the Sinju City and the Ethyle branch of a housing industry. Defendant A would take the removal work upon payment of KRW 300 million, and if the performance guarantee was not commenced by May 20, 2009, Defendant A would first pay KRW 100 million, and the remainder KRW 200 million would be paid upon the order of the project site.

After that, the Defendant, along with F and H on May 7, 2009, prepared a written contract to the same effect with the victim at the F’s residence located in Chungcheongnam-gun L, Chungcheongnam-gun on May 7, 2009, and received from the victim, namely, KRW 30 million as a performance bond, and received KRW 70 million as the same name on the 12th day of the same month from the victim to the Agricultural Cooperative account in the name of the said G Co., Ltd.

However, the defendant, F, and H had no intention or ability to reduce the removal work until May 20, 2009 to the victim even if they were provided with KRW 100 million from the victim.

Accordingly, the defendant, in collusion with F and H, acquired KRW 100 million from the victim as a performance bond for the removal of K.K.

2. Around August 2009, Defendant B, along with F and H, planned that “G will proceed with (Gu) K construction in its name due to a default on payment by G, and (30 million won should be deposited in order to obtain foreign currency loans for the purchase of land.

If 300 million won is deposited, the construction shall commence with the transfer of registration within one week.

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