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(영문) 대구지방법원 2017.08.23 2016고단3557
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On August 26, 2010, the Defendant was sentenced to four years of imprisonment at the Daegu High Court, and the execution of the sentence was terminated at the Daegu District Court on October 13, 2012. On September 18, 2014, the Seoul Central District Court sentenced two years of suspension of execution to three years of imprisonment, and the judgment became final and conclusive on September 26, 2014. On May 30, 2014, the Defendant was sentenced to ten months of imprisonment with prison labor at the Seoul Central District Court for fraud, and the judgment became final and conclusive on October 7, 2014.

The Defendant of the 2016 Highest 3557 is a person who actually operates the “C” corporation in the Daegu-gu B or the 7th floor.

On June 27, 2013, the Defendant concluded the victim D with the Special Self-Governing Province and the Construction of Large-Scale Site.

To do this, existing buildings in the project site should be demolished at least 100,000 square meters in size, and it will be ordered to subcontract removal construction works at least 7 billion won.

First of all, 100 million won was remitted as the deposit for contract execution."

However, in fact, the defendant did not have entered into a contract with the Sejong Special Self-Governing City and the large-scale site development works at the time, and even if he was unable to enter into such contract in the future, he did not have the intention or ability to subcontract the above removal works.

Nevertheless, the Defendant: (a) by deceiving the victim as above, received a total of KRW 100 million on the same day as the deposit money for the performance of the contract from the victim; and (b) KRW 200 million on July 4, 2013, including KRW 100 million.

The Defendant of the 2016 Highest 5253 is a person who actually operated C (hereinafter referred to as “C”) with the 7th floor of Daegu Suwon-gu E building.

On October 1, 2013, the Defendant, at the above C Office around October 1, 2013, ordered the victim F to transfer a grave to another site in connection with the construction of an administrative-oriented complex city in the Sejong City.

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