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(영문) 인천지방법원 부천지원 2014.11.28 2013고단2876
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The defendant is a person who actually operates C, a construction executor, and D is a person who actually operates F, a corporation with the victim E.

Although the Defendant did not have the ability to conduct the business of developing a G site located in HH and 24 lots, which is the ownership of G, the Namyang-si, Gyeonggi-do, a stock company, there is no capacity to conduct the business of developing a G site, the Defendant, on the basis of the fact that I, the president of G, a stock company G, received a letter of intent to sell the said land, the Defendant attempted to acquire the performance bond by deceiving the victim,

On October 28, 2010, the Defendant called “D may give a contract for the removal of theG building” by telephone to D who had been in the same manner as the victim, and received money from the victim as the performance bond, i.e., KRW 20 million from tin, by sending the defective performance bond that the victim and D would have to perform the removal of the building.

Around October of the same year, the Defendant continued to conclude a false statement with the victim and D that "it may allow the victim to perform the removal works" at the K Hospital located in the jurisdiction of Sung-gu, Sung-gu, Chungcheongnam-si, Seoul to conclude a contract for the removal works of the above building at the victim's office located in Seocheon-gu L Building 1001 of the same year around November 2 of the same year, and the victim and D will be awarded a contract for the removal works of the above building at the victim's office located in Seocheon-gu, Seocheon-gu, Seoul to enter into a contract for the removal works of the above building with the F Co., Ltd. by providing the victim and D with the end of the false statement at the end of the same year at the end of the same year. In addition, the performance guarantee was additionally issued to the F Co., Ltd. to enter into the contract for the removal works of the above building, and the money was transferred from the victim as the performance guarantee money on August 1, 198.

However, in fact, in the land and buildings of the above G, various limited real rights such as provisional attachment, superficies, lien have been established, so the ownership of the land and buildings, superficies, and superficies for the removal of the above buildings.

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