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(영문) 서울북부지방법원 2016.09.30 2016노944
사기
Text

The judgment of the court below is reversed.

Defendant shall be punished by a fine of KRW 2,000,000.

The above fine shall not be paid by the defendant.

Reasons

1. The summary of grounds for appeal;

A. A. Around April 2012, the Defendant committed a crime related to the construction of a residential house located in the early neighborhood, around April 2012, without being awarded a contract for construction work on or around April 2012, and was unaware of it. P and the victim D received KRW 4 million from the injured party through his/her own account at the request of P and at the request of P when preparing a contract for construction work, and delivered the contract to P. As such, there was no fact that the Defendant was deceiving the victim regarding his/her intent or ability to give a subcontract part of part of the construction of a residential house located in the early neighborhood.

B. On April 30, 2013, in order to jointly and jointly with the victim and to raise the initial cost of KRW 30 million, the Defendant: (a) provided a bond company with a bond company with a collateral to borrow KRW 30 million; and (b) provided a bond company with a maximum amount of KRW 45 million; (c) provided a bond company with a bond company with an additional cost of KRW 400,000,000,000; and (d) requested a bond company to cancel the foregoing collateral and to lend money from another bond company to the victim to borrow money; (d) such circumstance is well known to the victim; and (e) the Defendant was released from the victim with a debt amount of KRW 48 million,000,000,000,000,000,000,000,0000,000,000,000,000,000 won.

2. Determination

A. On April 2012, the Defendant, at the Defendant’s temporary office located in Dongdaemun-gu Seoul Metropolitan Government around April 2012, with respect to the crime related to the construction of a residential house located in Seocho-gu, the gist of the charge is as follows: (a) The Defendant, at the Defendant’s temporary office located in Dongdaemun-gu Seoul Dongdaemun-gu Seoul Metropolitan Government, intends to engage in the construction again after having been put into auction by others.

In doing so, the remaining construction was contracted from the person who had been auctioned.

The above construction work shall be performed with a license granted from E to the Government of the Republic of Korea.

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