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(영문) 대구지방법원 2018.04.26 2017고단483
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for four months, by imprisonment for one year, and by imprisonment for eight months, respectively.

, however, the defendant.

Reasons

Punishment of the crime

Defendant

B On December 28, 2010, after having been sentenced to six months of imprisonment for fraud, four months of imprisonment, and eight months of imprisonment, the execution of the above sentence was terminated on June 18, 2012, and on September 8, 2016, the Daegu District Court's Pohang Branch sentenced ten months of imprisonment for embezzlement and became final and conclusive on February 18, 2017.

Defendant

B is the representative director of G Co., Ltd. for the purpose of real estate development and consulting business, and the defendant A is a person in the same business relationship with the defendant B, and the defendant C is a person who has been subcontracted with the I TM TM in the racing located in the defendant B and A.

1. On August 2015, the Defendants committed the joint crime of the Defendants, which was located in the early police racing, and at the site of the I Condominium Construction, and the victim J made a false statement to the victim J that “B received the construction of I Condominium, but among the said new construction, it would deposit the money in the name of the subcontract cost to K Co., Ltd., Ltd., a new company.”

However, the new construction of the above container at the time was not carried out in the last month, and there was no fund for the Defendants to carry out the above construction, and even if the Defendants paid money from the injured party for the purpose of subcontracting, there was no intention or ability to subcontract the interior construction to the victim.

The Defendants conspired to induce the victim as such, and to induce the victim to do so on August 4, 2015, up to 2 million won with Defendant A’s L account from the victim, and the same month.

5. On the 11st of the same month, 8 million won was remitted to the above account, and 200,000 won was remitted to the Defendant B’s account.

2. Joint crimes by Defendant B and C

A. On May 28, 2015, the Defendants paid part of the profits accrued from the above construction if the Defendants borrowed KRW 10,000,000,000 from the mutual infinite chain shop located in Gangdong-gu Seoul Metropolitan Government, and paid the principal to the victims M.

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