logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2014.10.17 2013고단7703
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 200 million won to the applicant for compensation by fraud.

The above order shall be.

Reasons

Punishment of the crime

On January 29, 2010, the Defendant was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud, and the said judgment became final and conclusive on February 10, 2010.

E is the Vice-Chairperson other than the F, and the defendant, as the (ju F) representative director, has conspired to receive advance payment, etc. from the victim D on condition of the removal work subcontract.

According to the above public offering, the Defendant and E made a false statement to the effect that “The Defendant and E, at the State F Office located in Seocho-gu Seoul Metropolitan Government (ju) G on December 4, 2008, changed the victim D’s “the Seoul Gangnam-gu H Center’s new construction site for the removal construction site to request the victim D to pay the removal advance.”

However, the Defendant and E entered into a joint implementation agreement with the executor on October 7, 2008 with respect to the construction site of the said new construction site. However, the Defendant and E did not have any authority because they did not perform their obligation to procure funds as stipulated in the said arrangement. Moreover, the removal, etc. of the said new construction site was to be decided by the contractor under the contract. Thus, even if having received advance payment from the victim, the Defendant and E did not have any intent or ability to perform the removal work of the said new construction site.

The Defendant and E, as such, deceiving the victim and received KRW 200 million from the victim on December 5, 2008 as an advance payment.

As a result, the defendant received the property of the victim by deceiving the victim in collusion with E.

Summary of Evidence

1. Defendant E’s legal statement;

1. Legal statement of witness D;

1. Protocol concerning the suspect examination of the defendant A by the prosecution;

1. An agreement, a standard contract for construction works, a loan certificate, a receipt of deposit, 7 copies of a loan, a receipt of deposit, 8 copies of a loan, a certificate of loan, a receipt of deposit, five copies of a loan, lease contract, statement of transaction, statement of payment, deposit certificate, four copies of a deposit certificate, loan certificate, deposit certificate, four copies, a copy of a certificate of deposit, a certificate of deposit, a contract for the sale agency service of lots, a H Center execution agreement, a business agreement, a statement of account transaction, all kinds of rents, cash receipt, and a statement of transactions in foreign exchange banks;

arrow