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(영문) 부산지방법원 2015.04.09 2014고단4181 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

B is a person who has worked as the director of the construction site, and the defendant is a person who has been engaged in daily work at the bottom B, and C is a person who has been engaged in construction business as a branch of B.

On January 2012, 2012, the Defendant stated that “A’s relative is the relative of the Chairperson of the State, and may receive an order for the Unclaimed Construction, etc. in connection with the E apartment construction project performed by the said company,” and that “A’s relative is the President of the State, and the Defendant may receive the unclaimed Construction, etc. from the President of the State.”

On January 31, 2012, C made a false statement to the H office operated by the victim G in F of the window F of Changwon-si, Changwon-si, Seoul, stating that “I will receive an order for unclaimed construction, etc. in connection with the big apartment construction project. I will return all the principal until July 6, 2012 if I will not receive the order.”

However, in fact, the Defendant is only a relationship with the D Chairperson, and there was no usual communication, and the unclaimed construction works ordered by the said Company are selected by competitive bidding methods. As such, Defendant, C, and B did not have the ability to receive the said construction even if they received expenses, such as estimated expenses from the victim, and there was no intention or ability to return the expenses received from the victim due to the lack of special properties and imports at the time.

Nevertheless, C, B, and the Defendant have the victim transfer KRW 11 million to the account under the name of J, under the pretext of an estimate rearrangement around January 31, 2012. On February 6, 2012, the victim transferred KRW 10 million from the victim to the account under the name of K, which is his/her father, for expenses necessary for receiving orders from the Corporation.

Accordingly, the defendant, in collusion with C and B, deceiving the victim and let a third party receive the property.

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