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(영문) 서울남부지방법원 2014.04.24 2013고단2533
사기
Text

Defendants shall be punished by imprisonment for eight months.

However, for the defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On April 16, 2013, Defendant A was sentenced to a two-year suspended sentence of imprisonment with prison labor for an unlawful uttering of official documents at the Seoul Southern District Court on April 16, 2013 and the said judgment became final and conclusive on April 24, 2013.

Defendant

B On June 4, 2009, the Seoul Western District Court sentenced 6 months of imprisonment for fraud, which became final and conclusive on June 12, 2009.

【Criminal Facts】

Defendant

A, a director of CConstruction and Defendant B, who were in office prior to the above company, was in fact in charge of the above company's practical business.

On October 9, 2008, the Defendants concluded a contract for civil engineering works with the contractor Co., Ltd. (hereinafter referred to as “C Construction”) and the recipient Co., Ltd. with the victim F who is the representative of Gangseo-gu Seoul Metropolitan Government Co., Ltd. by approaching the victim F to enter into a contract for the construction of the G G G-U-U-owned Housing Complex (hereinafter referred to as “C Construction”) with the victim’s “if the corporate situation lends 30 million won out of the operating fund as the customer is difficult, the Defendants will pay the advance payment.” An advance payment means that the payment may be made by October 18, 2008.”

However, in fact, it was extremely difficult for the Defendants to take the financial circumstances of C Construction, such as the failure to pay monthly wages to their employees and the failure to pay monthly rents to the company office. Upon receipt of the notification that C Construction name made efforts to obtain the construction right to the said electric power resource housing complex, but the loans from the financial institution was impossible, the Defendants never renounced the construction right to the said electric power resource housing construction and submitted the intent to participate in construction to H on May 18, 2008. Therefore, the Defendants did not have any intention or ability to reduce the subcontract to the victim.

The Defendants conspired to induce the victim as such, and the Defendants received 30 million won, which is 30 million won of the cashier’s checks in the same place immediately from the victim.

Summary of Evidence

1. Defendant A’s legal statement

1. Each prosecutor's office against the Defendants.

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