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(영문) 서울중앙지방법원 2012.12.31 2010고단1160
사기
Text

The defendant shall be sentenced to 10 months of imprisonment with prison labor and 6 months of imprisonment with prison labor for each crime of No. 2 of the judgment.

Reasons

Punishment of the crime

1. On April 13, 2004, the Defendant was sentenced to imprisonment with prison labor for fraud and embezzlement at the Seoul Central District Court on April 13, 2004, and the said judgment became final and conclusive on the same day.

On May 19, 2003, the Defendant, as the actual operator (the president) of C Construction, and around F Construction Office of the victim E (the age of 44) operated in Nam-gu Incheon Metropolitan City, Nam-gu, Seoul, was given the consent of the residents, and most of the residents obtained the consent of the Corporation, and the construction works may be commenced within one month at latest. The construction cost was paid at the end of 1 month. The construction cost was 50,000,000 won in the construction performance deposit to be subcontracted with the construction cost of KRW 2,00,000 in the average, and the site drawings were presented by the victim.

After doing so, the Defendant opened a flood disaster restoration site along with the victim, and made the victim believe that “20 households to receive 500 households are sent to the Chairperson (E) and the rest of 300 households are given to all members of the Dong, and some of them are given to them, and the Corporation is now doing construction.”

However, the defendant did not have the ability or intention to subcontract to the victim because he was unable to secure the restoration work of the household (house) subject to the flood damage restoration in the Gangseo-si city.

The Defendant, by deceiving the victim as such, received KRW 20 million from the victim in the name of the construction performance guarantee, i.e., delivery of KRW 20 million from the tin, from that time to that time, received KRW 5 million on several occasions during a period of approximately a significant period of time, and received KRW 50 million from the mutual infinite house located in H on June 2003.

2. Criminal facts 2010 highest 6006

A. Violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Death or Injury caused by Dangerous Driving) is a person driving I SM5 cars.

On September 20, 2010, the Defendant, at around 21:25, engaged in blood alcohol concentration0.

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