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(영문) 서울서부지방법원 2012.10.25 2012고정1451
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

C The representative director of the D Co., Ltd. and the defendant are those engaged in construction business.

Around 10:30 on December 9, 2010, the Defendant and C conspired with each other to the effect that “The victim Fast Co., Ltd. will be awarded a subcontract for the pelto construction work among the new construction works under the new construction works under the construction of a new house of which C would be awarded a subcontract for the pelto the victim Fast Co., Ltd. within the 9-dong new construction site of the 9-dong new construction site.”

However, there is no fact that the owner has entered into a contract for new construction works with the owner, and there is no intention or ability to allow the victim to receive a subcontract for the existing construction works.

The Defendant and C, as such, deceiving the victim as such, received KRW 7 million from the victim to the national bank account in the name of H on December 10, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Each police suspect interrogation protocol of C and H:

1. The statement of G police officer;

1. Application of Acts and subordinate statutes to each investigation report (construction permit confirmation, owner I currency);

1. Articles 347 (1) and 30 of the Criminal Act applicable to the crimes;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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