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(영문) 광주지방법원 2016.06.09 2015고단4793
사기
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, as to the Defendants, this is against the Defendants.

Reasons

Punishment of the crime

[criminal record] On September 23, 2015, Defendant B was sentenced to a suspended sentence of two years for ten months for fraud at the Gwangju District Court, and the judgment became final and conclusive on October 1, 2015.

[Criminal facts]

1. Defendant A’s crime related to Defendant A’s “B cafeteria” was committed in collusion with B, and the victim E was selected as a maintenance company at the G construction site on June 2013.

It is intended to operate a restaurant at the construction site.

It stated that the president of the partnership and the general secretary should take personnel affairs.”

However, the Defendant and B did not have the authority to determine the restaurant operator as a result of the construction site above, and there was a decision not to install the restaurant at the above site, and even if the Defendant and B received money from the injured party, they did not have the intention or ability to grant the right to operate the restaurant.

In collusion with the Defendant, the Defendant and B were informed of the victim by deceiving the victim as above, and received KRW 45 million from the victim on July 1, 2013 as the referral fee for restaurant operation.

2. The Defendants in collusion with the Defendants related to civil engineering works, and on July 2013, 2013, may follow civil engineering works of a total of 18,000 square meters for the first, second and second underground floors among the G construction to the Defendant.

It stated that “The cost for the performance of civil engineering works shall be changed.”

However, the Defendants did not have any authority regarding the above contracts for civil works, so even if they received money from the injured party, they did not have the intent or ability to allow the injured party to enter into the contract for civil works.

In collusion, the Defendants: (a) by deceiving the victim as above; and (b) issued the victim a total of KRW 43 million on July 22, 2013, for the purpose of introducing the contract for civil engineering works; (c) KRW 25 million on July 29, 2013; (d) KRW 500,000 on August 5, 2013; and (e) KRW 43 million on August 7, 2013.

Summary of Evidence

1. Part of Defendant A’s legal statement and Defendant B’s legal statement 1.

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