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(영문) 서울중앙지방법원 2012.04.27 2011고단5499
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On November 10, 2011, the Defendant was sentenced to six months of imprisonment for fraud at the Seoul Central District Court, and the above sentence became final and conclusive on January 6, 2012.

"2011 Highest 5499"

1. The Defendant did not have any intent or ability to sell scrap iron at the removal site even if he/she receives money from the victim E (the age of 45) with the vice president of C&A and D, who are referred to as the executive director of the same company.

Nevertheless, on April 15, 2009, the Defendant conspiredd with D, and concluded a removal contract with C at the Seocho-gu Seoul Metropolitan Government Office at the Seocho-gu Seoul Construction Site Office, stating that “In rebuilding the Seocho-gu Seoul Metropolitan G unit, the reconstruction association would have concluded a removal contract with C. It would have caused the scrap metal coming from the construction site.” The Defendant received KRW 20 million from the victim as a contract deposit on April 15, 2009, and obtained KRW 10 million from the victim as a check on April 18, 2009.

2. Even if the Defendant received money from the victim H (50 years of age), the Defendant did not have the intent or ability to exercise the exclusive contractual right to remove the scrap metal and the scrap metal at the reconstruction site.

Nevertheless, on December 27, 2007, the Defendant, in collusion with I, made a false statement to the victim that “the victim will be given the exclusive right to contract for the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-performance of the non-

Around June 13, 2009, the Defendant and D made a false statement to the effect that “When he was ordered to remove the Nschool building in Dongdaemun-gu, Chungcheongnam-gun, Chungcheongnam-gun, Seoul, he would have the victim perform the removal work if he paid the down payment,” before the victim I’s house in Dongdaemun-gu, Seoul.

However, even if the defendant and D receive the money from the victim, they did not have the intention or ability to subcontract the removal of the Nschool building.

The defendant.

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