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(영문) 서울중앙지방법원 2011.11.25 2009고단6827
사기
Text

Defendant

A Imprisonment with prison labor for three years and for one year, respectively.

Reasons

Punishment of the crime

[A’s previous convictions of Defendant A] On February 13, 2005, Defendant A sentenced 8 months to imprisonment for fraud at the Seoul Eastern District Court on August 18, 2005 and completed the execution of the sentence on December 7, 2005.

[2] Defendant A was the chairperson of Gangnam-gu Seoul FF corporation, and Defendant B was the vice president of the above company.

On March 19, 2008, the Defendants conspiredd with the victim G on March 19, 2008 at the F Co., Ltd. office, stating that “The Defendants received the construction of the building site for the relocation of Pyeongtaek-Sa Military Base because they had a relative in the upper part of the person related to the relocation project inside the military, and received the construction of the building site for the relocation of Pyeongtaek-Sa Military Base.”

However, in fact, FF corporation did not receive the construction of the building site for Pyeongtaek-Sa Military Base relocation in Pyeongtaek-si, so it did not have the intent or ability to grant the victim the right to operate the restaurant at the construction site.

As such, the Defendants deceptioned the victim G and received KRW 200 million from the victim as the expenses for the operation of the restaurant.

[2010 Godan1680] The Defendants conspired with the victim I on November 12, 2007 at the F Co., Ltd. office located on the third floor of the H building in Gangnam-gu Seoul, Seoul, for the purpose of making a false representation that “F would have received an order from the Hanjin Industries for civil works in the relocation site of Pyeongtaek-si Military Base, and would have received an amount equivalent to 28 billion won.” The Defendants made a false representation that “F would have received an advance payment of 200 million won.”

However, the fact is that FF corporation failed to take charge of Pyeongtaek-gun Base Civil Works, and there was no qualification or ability to take out such civil works. Therefore, FF corporation did not have the intention or ability to give a subcontract for civil works to J.

As above, the Defendants deceiving the victim I and received KRW 200 million from the victim as the deposit money for construction performance.

[2010 order 3362] Defendant K is Seoul FF corporation on October 8, 2007.

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