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(영문) 서울남부지방법원 2016.06.29 2015고단5593
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 18, 2015, the defendant was sentenced to the suspension of execution on two years and six months, and the appeal was dismissed on January 28, 2016 and the judgment became final and conclusive.

The defendant is a person who operates the above company as the representative director of H (former trade name: I) corporation, which is a design firm related to civil engineering works.

When the defendant's father, who is the father of K and L, is in office as the representative director of K and L, has 30 patents for the method of drilling the tunnel (one name NTR method, hereinafter referred to as the "NTR method") and the defendant is in office as the managing director of L until June 2013.

The Defendant, while holding a patent for the NTR method and taking advantage of the fact that the NTR method may affect the selection of subcontracting companies upon the adoption of a specific construction work, would be ordered to undertake construction works as if it became final and conclusive in the absence of the adoption of the NTR method in the construction of underground structures of the general industrial complex complex complex development project.

In order to receive money, it was thought to receive money.

On October 18, 2013, at the H office located in Yeongdeungpo-gu Seoul Metropolitan Government M building 803, the Defendant stated that “The Defendant would have the victim G receive a subcontract for construction amounting to KRW 7 billion in relation to the general industrial complex development project, 240 million now, and the remainder KRW 240 million is changed when entering into a contract with the Scco construction.”

However, the facts are that when the NTR construction requests the defendant to design by using the NTR method, the defendant only requested an estimate of the design cost, and there is no fact that the NTR method has been adopted.

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