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(영문) 수원지방법원 평택지원 2018.08.16 2017고단1510
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

On April 7, 2017, the Defendant was sentenced to two years of imprisonment and three years of suspended execution for fraud at the Suwon Friwon, and the judgment became final and conclusive on April 15, 2017.

The defendant is the representative director of C corporation.

Although C does not have the right to acquire a business right or to participate in the cutting of sex and cutting projects in relation to the project before the military base in Korea, the Defendant was willing to acquire money by inducing investors as if the project is carried out.

On September 2012, the Defendant: (a) at the C office located in Pyeongtaek-si D 1, 101, the Defendant planned to supply the earth and rocks to the victim E in the process of transferring the usfk base to Pyeongtaek-si, and (b) received business permission, designation, and notification from the Ministry of National Defense and the U.S. military forces branch.

It is intended to collect earth and stones from the land of 1.270,00 square meters, such as the Chungcheongnam-si F, Chungcheongnam-si, and supply them to the U.S. military base.

It is intended to subcontract part of the collection work of soil and stones at the prime place of the down payment of KRW 200 million.

The proceeds of the construction work will be KRW 00 million.

The phrase “to be paid in installments” was false.

However, in fact C does not have any right to operate the business related to the military base relocation project in Korea, and it did not secure any right with respect to the above F land and there was no fact that it was designated and announced by the Ministry of National Defense. Therefore, even if it received money from the injured party, C did not have the intention or ability to subcontract the construction work.

Ultimately, from July 5, 2013 to September 29, 2014, the Defendants received a total of KRW 91,500,000 from the injured party, in total, seven times as shown in the list of crimes in the attached Form, as above, from July 5, 2013 to September 29, 2014.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Legal statements from witnesses E and G;

1. Entry of part of the witness E in the third public trial protocol;

1. A protocol concerning the examination of the suspect of the defendant;

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