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(영문) 대전지방법원 2014.06.13 2011고단4186
사기
Text

Defendant

A shall be punished by imprisonment for 8 months with prison labor for the crimes of Nos. 2 and 3 of the Decision, and Defendant B shall be punished by imprisonment for 4 months for the crimes of No. 1 and 4 of the Decision.

Reasons

Punishment of the crime

1. [Attachment 2011 Highest 4186] Defendant A, on December 3, 2010, was sentenced to imprisonment with prison labor for 8 months and two years of suspended execution in Daejeon District Court for fraud, and the judgment became final and conclusive on April 28, 2011.

Defendant

A Directors and Defendant B of Company E are the former directors and employees of the said Company.

On August 31, 2009, the Defendants conspiredd with the Defendants, at the office of the Co., Ltd., Ltd., located in the Daejeon Seo-gu, Daejeon, World Trade Organization No. 201, and at the office of the Co., Ltd., E, the limited partnership H representative of the limited partnership company introduced through G, that “I would be able to undertake the new construction of the J building in the following City, and I would like

However, in fact, the land at the construction site of the above J building was transferred to AP on November 10, 208, and on March 2, 2009, the construction permit was revoked on March 2, 2009, and the administrative appeal against the revocation of the construction permit was also dismissed on June 29, 2009. In fact, the Defendants were unable to carry out the said construction. The Defendants did not have the intent or ability to subcontract electrical construction to the actual victim even if they received the subcontract price from the victim.

As such, the Defendants, by deceiving the victim, received 10 million won from the victim to the account under the name of the Defendant A on the same day, and acquired 14 million won in total from the victim to the account under the name of the Defendant B.

2. [2012 Highest 4447] Defendant A stated that “A would establish a construction company” with the victim K during March 2011, 201, Defendant A said that “I would not have any grounds for accounting to execute expenses because it is before the incorporation of the corporation, and if a corporation is established, I would be employed as an employee on a regular basis. It is necessary to establish the company, and if a credit card is lent, I would use the credit card and pay the amount.”

However, the facts are that Defendant A was not capable of establishing a construction company to employ the victim as a regular employee, and the amount is paid by lending credit cards from the victim.

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