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(영문) 서울동부지방법원 2014.10.22 2014고단364
사기
Text

A person shall be punished by imprisonment with prison labor for a term of one year and four months, respectively, for a term of two crimes as stated in the judgment of the defendant.

Reasons

Punishment of the crime

【Criminal Power】 On January 24, 2008, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Suwon District Court for ten months, and the above judgment was finalized on February 1, 2008. On January 20, 201, the Seoul East East District Court sentenced two years of suspension of execution to six months of imprisonment with prison labor for fraud, and the above judgment became final and conclusive on January 28, 201.

【Criminal Facts】

1. In December 2005, the Defendant: (a) around December 2005, at the FBS office in Songpa-gu Seoul Metropolitan Government, the Defendant said that “F president was awarded orders to the victim D, the representative director of the company, such as the victim C, who is a director of the company in charge of the dispute resolution committee (the “H,” before the amendment), and that he would give H the part of the landscaping construction work among the golf course construction work, and the golf course construction work in K in Jeonnam-si, Jeonnam-si, Seoul, would also take part in the golf course construction work; and (b) the golf course construction work in this case would also take part in the golf course construction work; and (c) the golf course construction work requires funds from the golf course construction work, and therefore, if the funds are provided, he would take part in G.”

On December 20, 2005, the Defendant told the victims to “in addition to the construction work for the formation of the above K golf course, the Defendant would bring about construction work related to landscaping planting and landscaping facilities to G if he would receive an order, such as 18 holes of Incheon-do golf course, and 27 holes of the Gyeongsan-gun golf course.”

However, in March 2003, the construction has not been carried out until now since the suspension of the construction of the golf course in the foregoing Gu-gun. Since the golf course construction in the Gu-gun did not have been received or agreed to receive additional fees from the victims, even if the Fund received money from the victims, G did not have any intention or ability to reduce the landscaping construction work in the above construction site.

Around December 20, 2005, the Defendant received KRW 10 million from C to the bank account (M) in the name of the Defendant L in the name of the Defendant around December 20, 2005, and from that time until November 8, 2007, as shown in the attached list of crimes.

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