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(영문) 서울동부지방법원 2015.05.08 2013고단784
사기등
Text

Defendant

A The crime of attempted fraud in judgment and the crime of false accusation in judgment around August 10, 201 shall be punished by a fine of 8,00,000,000.

Reasons

Punishment of the crime

Defendant

On November 30, 2011, A was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Seoul Eastern District Court on November 30, 201, and the judgment became final and conclusive on December 8, 201.

1. The Defendants’ co-principal

A. Defendant B attempted to commit fraud: (a) around June 20, 201; (b) around June 21, 201; (c) around June 21, 201, the payment of a promissory note with a face value of KRW 50 million; and (d) around June 21, 201, the payment of a promissory note with a face value of KRW 43,200,000 to assist Defendant A to prevent this; and (c) Defendant A, in G Co., Ltd. (hereinafter “G”), operated by Defendant B (hereinafter “H”), has made a false construction contract to contract the construction of an access road of KRW 200,000 to the H Co., Ltd. (hereinafter “H”), submitted it to the I branch of the Korean bank,

On August 201, at the H office of Songpa-gu Seoul Metropolitan Government J. 415, the Defendants drafted a contract for construction work with the amount of “the name of the construction: K access roads and packaging and construction work in the complex: from July 20, 201 to August 31, 201; the construction cost: 200 million won.”

The Defendants are the victims bank hereinafter referred to as the "Korean bank" in Songpa-gu Seoul Metropolitan Government L around August 2011.

At the I Branch, the following was made by making a false statement with the purport that “53 million won shall be paid as construction cost to H on the loan account, and shall be repaid until January 10, 2012,” and the above written contract was submitted to the head of M branch.

However, in fact, the Defendants did not actually ordered K access roads and packaging construction within the complex, and there was no intention or ability to repay the money even if the money was received from the victims because the Defendants thought to receive the loan after preparing a false contract with the victim.

The Defendants, as such, wanting to receive KRW 53 million from the victim by deceiving the victim, and from the first place of the above Korean bank on August 201, 201, at the first place of the above Korean bank.

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