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(영문) 의정부지방법원 고양지원 2017.10.12 2017고단494
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal history] On December 1, 2016, the Defendant was sentenced to two years of suspension of ten months of imprisonment with prison labor due to the preparation of qualification documents in the Goyang Branch of the Jung-gu District Court, and the judgment became final and conclusive on December 9, 2016.

[Criminal facts] The Defendant is the actual operator of D Co., Ltd., a civil engineering firm, and the victim E is the representative director of F Co., Ltd., a real estate development business company.

Defendant

D Co., Ltd. operated on March 30, 2014 received construction works from F to F Co., Ltd. for the victim's operation until September 2015, from G and six lots of construction works were ordered from P to P, etc.

On the other hand, the Defendant issued an insurance policy to guarantee the performance of the construction contract amounting to KRW 770 million from the Seoul Guarantee Insurance to KRW 770 million with respect to the public works in the Haju H District, which is executed separately from the project awarded by the said D from the damaged party. As such, the Defendant demanded the F of the Victim’s Operation to provide the guarantee.

Upon request, the above F made a guarantee, but on May 9, 2016, as the defendant failed to perform the above construction, the Seoul Guarantee Insurance Co., Ltd. attached the FF's land provisionally.

Accordingly, on September 12, 2016, the Defendant met the victim at the office located in the jurisdiction of the Pakistan-si on September 12, 2016, and even if he did not have the intent or ability to terminate the provisional seizure even if he received money from the injured party, the Defendant would terminate the provisional seizure of the Seoul Guarantee Insurance by solicitation from the senior personnel of the political party.

The phrase "the provisional attachment will be terminated within 10,000,000 won at the expense of the waterway," and the corresponding part received 30,000,000 won as a check from the injured person on the same day and acquired it by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the prosecution against E;

1. Recording records;

1. Receipts:

1. Previous convictions: Criminal history inquiry and investigation report (the confirmation date of the judgment of the suspension of the execution of a suspect) (where there is a provision of property due to deception in the case of fraud involving deception of property, it shall be the date of confirmation);

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