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(영문) 서울서부지방법원 2015.02.10 2014고합120
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant asked P to the effect that “B is the representative director of R, who is the cooperation company for Q Q Q Q Chairperson, and is the external grandchildren of Q Q. It cannot be directly seen as having been directly engaged in the business related to Q.” The Defendant asked P to take charge of the practice, and thereafter, the Defendant asked P to the effect that Q Q is eligible to be selected as the contractor of the Songpa-gu Seoul Metropolitan Government Telecommunication Apartment Project, and that the removal of the said reconstruction project may be implemented when Q Q is selected as the contractor. However, the investment amount is required.”

On March 20, 2013, the Defendant stated that “If 500 million won is invested as the fund for the removal project of the T apartment reconstruction rearrangement project, the Defendant entered into a contract with the reconstruction improvement cooperative within one week and paid 1.3 billion won in total by 1.3 billion won until June 30, 2013, and if the contract is not entered into, the Defendant would return the investment amount to 500 million won.”

However, the contractor of the T apartment reconstruction project stated that the bill of indictment for the modern construction is “MMco,” but it seems to be a clerical error in the present construction project, compared with the evidence record.

Since modern industrial development and Samsung C&T were selected, the Defendant could not be allowed to select Q as a pilot, and the “X” corporation, a rearrangement business entity of the above reconstruction project, was in the legal dispute with the T apartment reconstruction project association, and did not have any authority with regard to the above apartment reconstruction project. This fact is known through newspaper advertisement, etc., and even if the victim was already aware, it is impossible to enter into a removal contract with the reconstruction project association within one week, and thus, the written indictment states that “the Defendant does not have the ability to pay 300 million won for the above project cost at the time,” but this part of the written indictment states that “the Defendant shall not have the ability to pay 300 million won for the above project cost at the time.” However, the written indictment alone is clear.

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