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(영문) 의정부지방법원 2019.11.27 2017고단4945
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

On November 7, 2014, the Defendant had been sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Jung-gu District Court on November 15, 201, and the said judgment became final and conclusive on November 15, 2014. On November 14, 2017, the same court was sentenced to one-year imprisonment and four-month imprisonment for a crime of fraud, and the said judgment became final and conclusive on November 17, 2017.

Punishment of the crime

The defendant is the representative director of the corporation B.

On November 11, 2010, the Defendant, via B director F, made a false statement to the victim G via B’s office in Seocho-gu Seoul Metropolitan Government Cbuilding D, that “If the construction is being carried out within one month, the Defendant would give a subcontract for reclamation and punishment works, such as I, J, K, etc., from the hinterland H City, and the implementation of reclamation works in the Chungcheongnam-gu Enterprise City and the special zone area.”

However, in fact, there was no difference in the fact that the construction was ordered to a specific business entity at the time, and the defendant did not enter into any contract between the time when the business entity was the business entity, and in relation to the city of Busan Metropolitan City, the defendant could be able to pay 200 million won to L in advance, but even if he received money from the victim for the purpose of the construction deposit because it is unclear whether the construction was carried out at the time because the deposit was not paid, he did not have any intention or ability to subcontract the reclamation project at the behind land and the construction project at the Seosan Metropolitan City or the reclamation project at the Seosan

The Defendant, by deceiving the victim as above, received KRW 3 million from the victim under the pretext of construction deposit from the victim to the N’s name, a female living together with F through MM’s Agricultural Cooperative account on November 11, 2010, and the Defendant received the said money through F as the construction deposit. The Defendant received the money from F as the construction deposit.

The Defendant received 48,30,000 won in total as a security deposit for construction from the victim by the same method over ten times, such as the list of crimes, from January 7, 2011.

(i) the evidence;

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