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(영문) 서울북부지방법원 2014.12.05 2013고단2439
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

"2013 Highest 2439"

1. Around May 2, 2013, the Defendant made a false statement to the victim E who is preparing for an additional supply tender at the second floor coffee shop of Yongsan-gu Seoul Metropolitan Government “D” hotel in Yongsan-gu to the Korean Cable Co., Ltd., as the head of the affiliated company to the Korean Cable Co., Ltd., which is highly likely to be selected as an affiliated company of the Korean Cable Co., Ltd., and the company of the party will make efforts to select as a final supplier, and if so, he/she must take personnel management to the Korean Electric Cable Co., Ltd., which requires money.”

However, the defendant was not the chairperson of the Korea Electric Cable affiliate, and there was no intention or ability to assist the victim's operating company to deliver corrosion to the Korea Electric Cable.

The Defendant received KRW 3 million in cash from the victim as entertainment expenses, and on May 3, 2013, the Defendant transferred KRW 5 million from the victim to the bank account in the name of the Defendant F under the same name as the Defendant, and on May 5, 2013, the Defendant received KRW 2 million in cash from the victim at the Korea Electric Cable Parking Lot located in Ansan-si, Ansan-si.

Accordingly, the defendant deceivings the victim and defrauds the sum of KRW 10 million over three times.

"2013 Highest 3264"

2. On March 17, 2011, the Defendant made a false statement to the effect that “The Defendant may order construction works ordered by the said companies, as it is well known of the executives of the conglomerates, such as the Korean Cable Cable Cable, the Southern River Construction, the Gyeongnam Enterprise, and the Geum Construction, etc.,” to the victim’s I companies operated by the Victim H in Bocheon-si, the Defendant would be ordered to order construction works ordered by the said companies, and the expenses incurred in ordering the registration of the Korean Cable Cooperative and the installation of equipment.”

However, even if the defendant receives money from the victim, the victim operating company did not have the intent or ability to receive the order from the above company, and rather intended to use the money individually.

The defendant shall be a defendant on the same day as his own expenses from the victim.

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