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(영문) 수원지방법원 안양지원 2016.12.14 2015고단892
사기
Text

Defendant

A As to the crime of the second and third crimes of the A, the crime of the first and third crimes of the judgment shall be punished by imprisonment for 8 months.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to eight months of imprisonment for fraud, etc. at the Suwon District Court on May 15, 2014, and the judgment became final and conclusive on May 23, 2014, and completed the execution of the sentence on October 6, 2014. On November 26, 2014, Defendant A was sentenced to two years of suspension of the execution of imprisonment for six months at the same court on December 4, 2014.

[2015 Highest 1378]

1. Defendant A’s fraud against Defendant A’s victim G listens through H to the awareness that he plans to build a new church and selects the Si church construction work, Defendant A attempted to obtain construction deposit from the subcontractor, while carrying out the construction work as if he/she could receive a contract for the removal of the existing church building from his/her subcontractor as if he/she could do so.

Around January 26, 2015, the Defendant ordered the victim G who had heard the awareness of the removal of the building at the site of the JJ to order the representative director of K Co., Ltd. to the victim G who was found at the site of the removal of the building at the DJ, and the Defendant, on the same day, ordered the victim G to conclude a subcontract for the removal of the removal works with L and the re-subcontract of the removal works that had already been concluded with the Defendant on the same day, on the same day, when the contractor was selected by the DJ around January 28, 2015.

However, in fact, the defendant was not the representative director of the KK corporation, and it was not possible to exercise any influence on the JJJ selection of the contractor, and the selected contractor plans to directly perform the removal work without subcontracting, and even if the contractor receives the construction deposit from the victim, the victim did not have the ability to accept the said removal work and implement it.

Nevertheless, the Defendant, as above, deceiving the victim, and received KRW 2 million from the victim by L around January 26, 2015, and delivered the victim KRW 2 million.

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