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(영문) 춘천지방법원 원주지원 2016.11.07 2015고단756 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

E is the person in charge of management at the construction site of the FJ apartment complex at the prime city, and the defendant is the representative of G Co., Ltd. of the above construction execution business chain.

On June 15, 2012, the Defendant and E conspired to borrow money on a condition that they subcontract the above Fran apartment construction, and the Defendant made and made a letter of delegation to E to delegate all the authority to select a subcontractor for the above construction work, and E presented a false letter of delegation to the victim H on June 30, 2012, stating that “It is possible to resume construction because it is possible to lend the above Fran apartment construction work because it has become final and conclusive to receive a loan equivalent to KRW 9 billion from the above construction cost, and it is possible to resume construction on June 30, 2012.”

However, at the time of fact, the Defendant and E did not receive an undertaking on the loan for the resumption of the construction from the lender, and it was not clear whether the loan could be received because they met the conditions, such as securing ownership of the site at the construction site and providing it as a security, in order to obtain the loan, and therefore, the construction resumption was also in an influent state.

Nevertheless, the Defendant and E, in return for the subcontract of part of the above construction from the victim H, received KRW 5 million around June 15, 2012, and KRW 5 million on June 18, 2015 from the company bank account (J) account in the name designated by E, respectively, as well as from the above date and time to August 31, 2012, respectively, as stated in the list of crimes in the attached Table [5 days from the above date and time from the above date and time to August 31, 2012, the Defendant and E [the contents of the rent shall be read as “to allow the operation of the box by resumption of construction”, each of which is corrected as “2012-06-14.”

As above, a total of six victims received KRW 85 million in total under the above terms.

Accordingly, the defendant was provided property by deceiving the victims in collusion with E.

(i) the evidence;

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