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(영문) 서울서부지방법원 2018.02.07 2017고단1797
사기
Text

Defendants shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Defendant A’s past record of crime was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Western District Court on November 24, 2016, and the above judgment was finalized on December 2, 2016. Defendant B was sentenced to a suspended sentence of two years for imprisonment for six months at the Seoul Western District Court on April 13, 2017, and the above judgment became final and conclusive on April 21, 2017.

【Criminal facts E】 The chairman of the F Group, Defendant A’s representative director, and Defendant H’s representative director, each of the above companies was established by E, but there was no business or funds actually promoted.

Defendants and E, at around October 26, 2013, in the Yongsan-gu Seoul Metropolitan Government I building and the F Group office located in J, the victim KK corporation, the director of the victim KK corporation, “A corporation shall take over and complete the Nriart in Gangnam-gun M in Gangwon-do and open the place in the name of O contact.

15,702,00,000 of the cost of construction in the victim company shall be the victim company and the victim company shall have the right to carry out the civil engineering landscaping works and Pols

It stated that the construction will be entrusted to the road accounting book, and that the performance cost of the construction will be changed by November 20, 2013.

However, in fact, Defendants and E did not take over the above Nriet, and there was no fund to take over it, and there was no intention or ability to contract the above construction to the victim company.

Nevertheless, the Defendants and E, as seen above, were accused of the victim company and were given KRW 50 million from the victim company as the part of promoting the Nriart Corporation on the same day.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Legal statement made by a witness L;

1. Each legal statement of a witness A and B;

1. A protocol concerning the examination of suspect by the prosecution for Q (includingR statements);

1. Protocol concerning the suspect of the police against S;

1. Statement made by the prosecution with respect to R or L;

1. A standard contract for private construction works, each special contract, and a statement of understanding;

1. Previous convictions: Inquiry of criminal history and investigation reports (a suspect A and B copy of the judgment).

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