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(영문) 서울서부지방법원 2016.08.26 2015고단1253
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

Defendant 1253 is a person who works in the position of the vice-chairperson in Gangseo-gu Seoul Metropolitan Government C Co., Ltd., and receives removal construction services by using the name of the said corporation and subcontracts such services to other companies.

Defendant,

1. Around March 18, 2010, the victim E engaged in the removal work at the above D office ordered the removal work of the FF district in Gwangju-si, Gwangju-do (hereinafter “instant project site development project”) from G, and the project will immediately proceed with the project to the President of E, with the scrap metal located at the site of the removal, if any;

8. Until March 31, 200, the phrase “a person who wishes to return all the down payment and intermediate payments, etc.” was false.

However, the facts revealed that G was not in the position of the executor of the instant project, and the Defendant was also expected to be the executor of the said G, and the Defendant did not have any specific rights or status related to the instant project, and that the G or the Defendant did not have any specific rights or status. The down payment, etc. received from the injured party was considered to be used as the deposit for G, the cost of introducing the construction, and the personal expenses of the Defendant, and if there was no other financial capability, it did not have the ability to refund down payment, etc. to the victim as agreed upon at the time

As above, the Defendant: (a) deceiving the victim; (b) received KRW 100 million from the victim to the new bank account in the name of H, an executive officer of the above D, in the name of the down payment for the instant project; and (c) and (d) it is apparent that the “date of Apr. 22, 2010” is a clerical error in the attached Form 3 as of Apr. 2, 2010; (b) so it is obvious that it is a clerical error in the “date of Apr. 22, 2010”; and (c)

5. Until December 12, 198, a total of KRW 300 million was received by 10 million.

2. On May 2012, the victim J conducting removal operations at the Defendant’s office located in Yeongdeungpo-gu Seoul Metropolitan Government I’s office located in Yeongdeungpo-gu, Seoul, from G.

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