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(영문) 서울서부지방법원 2015.01.14 2014고단504
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 5, 2013, the Defendant was sentenced to the suspension of the execution of two years for the violation of the Punishment of Tax Evaders Act by the Seoul Western District Court on December 5, 2013. The judgment became final and conclusive on May 2, 2014.

[2014 Highest 504]

1. Upon receipt of the victim D’s request from the victim D’s children E to deliver sculptures to be installed in the Samsung AB apartment complex that is reconstructed, the Defendant introduced the victim and E with G of the Samsung Construction Team G, and received false statements as if the victim were to use money necessary for the shipbuilding contract for the victim, and received money for personal use.

Around April 8, 2008, the Defendant made a false statement to the effect that “self-defenses are traded with high water, and are in the vicinity of the reconstruction association,” the Defendant would receive the orders for the supply of art decorations in an amount equivalent to KRW 1 billion by entering into a contract with incentives to the head of the reconstruction association if it is the main place of a contract with incentives. The president of the association would be urgent to pay money.”

However, even if the victim receives money from the victim, it was decided to use it individually, and there was no intention or ability to enter into a contract for the delivery of sculptures.

The Defendant, by deceiving the victim as such, received KRW 30 million from the victim’s occupation immediately.

[2014 Highest934]

2. On August 3, 2009, the Defendant stated that “When the Defendant removes this warehouse, scrap metal will occur if it were removed” the victim I from the warehouse in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoul, that “The Defendant will give to the President the scrap metal coming from the warehouse on the face of the week.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to give the victim with the scrap metal that occurs after the removal of the warehouse.

In addition, the Defendant received 4 million won as an advance check from the victim on his job from his job to November 11, 2009, as well as from around that time.

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