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(영문) 수원지방법원 안양지원 2017.12.14 2017고정496
사기
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 15, 2015, the Defendant was sentenced to one year from the Incheon District Court Branch Branch of the Incheon District Court to be a crime of fraud, and the above judgment became final and conclusive on July 11, 2016.

Criminal facts

1. On September 27, 2011, the Defendant made a false statement to the victim C, stating that “The Defendant would first pay KRW 3 million to the victim C for expenses incurred in giving a contract for civil engineering works among the entire construction works of a major complex building D in the Dae-gu, Seoul Metropolitan Government.”

However, the above main building construction has not been carried out for several years due to the lack of funds of the owner, and it is impossible to complete the construction in the future due to the impossibility of completing the construction in the future, such as revocation of the construction permit by the Gu office in the Daejeon Metropolitan City, which is the competent authority on October 26, 201, and there is no intention or ability to contract the civil construction works among the above construction works to the victim.

Nevertheless, the Defendant received from the injured party a delivery of KRW 2 million to the new bank account (E) in the name of the Defendant on the same day, KRW 500,000 on the 28th of the same month, KRW 400,000 on the 29th of the same month, and KRW 2.9 million on the 29th of the same month.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant: (a) around May 20, 2016, at the transmitting subway station located in the airport operation of Gangseo-gu Seoul Metropolitan Government, the victim C with the view to giving the victim C a contract for civil engineering works on around 2011.

The construction will proceed with the permission again, and the cost of the construction will first be paid up to 2 million won by the public works contract.

However, the above main building construction was not carried out for several years due to the lack of funds of the owner, and the possibility of realizing the construction permit was impossible due to the shortage of funds even after obtaining the construction permit from October 8, 2015, the victim did not have an intention or ability to contract the civil construction during the above construction.

Nevertheless, 500,000 won in the account under the name of the defendant on the same day from the injured person;

6.1. 500,000 won around the day;

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