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(영문) 서울중앙지방법원 2013.10.31 2013고단4986
사기
Text

A defendant shall be punished by imprisonment for 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

Punishment of the crime

Defendant

A around April 11, 2012 and around April 11, 2011, D Company C (Suspension of Prosecution on the same day) and D Company (Representative: E) ordered D Company F to build a new company in Yong-nam-gun F, Young-gun, and entered into the said construction and contract, and planned to acquire money from the above victim G as if it could give a subcontract for the said construction.

In accordance with the above plan, Defendant A, along with C on April 201, prepared a comprehensive contract for the succession of construction works with the following purport: (a) as if the above C was the chairperson of the comprehensive construction works at the instant coffee shop located in Seocho-gu Seoul, Seocho-gu, Seoul, as if Defendant A were the vice-chairperson of the said company, Defendant A entered into a contract with D Company A for the construction of a new building of D Company with the said victim, stating that “(b) A.S. entered into the comprehensive construction works with D Company A., but (c) A.S. would allow A.S. to enter into the construction works with D Company.”

However, the facts are as follows: Defendant A and C were not the chairperson and vice-chairperson of the General Construction; and (A) A and C transferred the above construction to Defendant A, C, etc.; thus, Defendant A and C did not have the authority to give a subcontract for the above construction; and Defendant A and C did not have the authority to give a subcontract for the above construction; and Defendant A and C did not have the intent or ability to give a subcontract for the above construction to the above victim. Defendant A and C did not have the intent or ability to give a subcontract for the said construction project.

As a result, Defendant A conspired with C, by deceiving the said victim as such, and was delivered 40 million won from the said victim on April 25, 201 as a commission for the introduction of construction works.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant;

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