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(영문) 부산지방법원 동부지원 2018.10.18 2018고단711
사기
Text

Defendant

A Imprisonment with prison labor for two years, and for one year, for Defendant B.

Reasons

Punishment of the crime

On May 9, 2018, Defendant B was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on May 9, 2018, and the above judgment became final and conclusive August 1, 2018.

Defendants, as those engaged in the construction business, may subcontract DNA reinforcement works to victims C at the coffee shop located in Gyeyang-gu Incheon, Gyeyang-gu, on February 12, 2015.

E, i.e., giving the value of rice judgment to E, thereby changing the amount of KRW 30 million.

However, the Defendants did not have any consultation with respect to the construction of the above industrial complex and the subcontracting of the reinforced soil construction. They did not have a position to select a subcontractor in relation to the above industrial complex construction, and they did not use the money from the damaged party for the construction cost or the cost of construction and the cost of construction and the cost of construction.

Since it was thought that all of them will be consumed for personal living expenses or debt repayment, there was no intention or ability to subcontract the reinforcement of the industrial complex to the victim.

Nevertheless, the Defendants conspired to induce the victim as above and received KRW 30 million from the account (G bank H) in the name of Defendant A’s wife on the same day, as well as from around that day to December 7, 2015, the Defendant received KRW 219,600,000 in total on 39 occasions, including false statements, by receiving KRW 219,60,000,000 from the victim, for instance, as shown in attached Table 1 of the crime committed from around that day to around December 7, 2015.

On May 9, 2018, Defendant B was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on May 9, 2018, and the above judgment became final and conclusive August 1, 2018.

Defendants are those engaged in construction business, and are not mutually known in May 5, 2015.

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