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(영문) 춘천지방법원 원주지원 2014.10.29 2014고단874
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

【2014 Highest 874】 The Defendant was sentenced to a two-year suspended sentence of imprisonment for a crime of fraud at the Seoul Central District Court on February 16, 201, at the Seoul Central District Court on August 4, 2011, and the said judgment became final and conclusive on August 4, 201. On October 25, 2013, the same court was sentenced to a four-year imprisonment with prison labor for a crime of fraud, etc. and four-year imprisonment with prison labor for a two-month period, and was in prison in the original prison as of January 23, 2014.

On March 24, 2010, the Defendant said on March 24, 2010, at the Jongno-gu Seoul Metropolitan Government D Public Relations Office, that “The Defendant would transfer the right of KRW 100 million to the victim E to the project for the removal of the main apartment, Seo-dong, Busan, Chungcheongnam-dong, and allow the removal work from May 2010.”

However, it did not have the above project right at the time, and the above money was intended to be used as the operating expenses of the company that it operated, so eventually, even if the above money was received from the victim, there was no intention or ability to transfer the project right to the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 100 million from the victim, who was in his seat.

[2014 Highest 899] On May 2009, the Defendant concluded a contract for the supply of aggregate at D office located in Jongno-gu Seoul, Jongno-gu, Seoul, for the purpose of “F to conclude a contract for the supply of access roads to the Incheon New Port and one section for the Hoan Construction, and for the collection of earth and rocks on G 6 lots forest land at the time of the Gyeonggi-gu, the earth and rocks construction is in progress. The payment of KRW 200 million will be given a subcontract for the collection of earth and rocks with the deposit, and the said KRW 200 million will be returned later.”

F has concluded that only the deposit amount of KRW 200 million has been paid to the defendant after hearing the end of the defendant and that only the deposit amount of KRW 200 million would be able to receive a subcontract for the above work from the defendant and that around that time, H entered into a contract with the person "A" to collect the earth and rocks upon the city.

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