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(영문) 서울중앙지방법원 2013.11.26 2013고단1140
사기
Text

Defendants shall be punished by imprisonment for eight months.

Reasons

Punishment of the crime

[Criminal Justice] On July 26, 2012, Defendant A was sentenced to two years of imprisonment with prison labor for a crime of fraud at the Seoul Central District Court on October 26, 201, and the judgment was finalized on December 8, 2012. Defendant B was sentenced to two years of imprisonment with prison labor for a crime of fraud at the Seoul Western District Court on April 12, 201, and the judgment on April 20, 201 became final and conclusive.

【Criminal Facts】

1. On March 27, 2008, the Defendants conspired to commit fraud against the victim C at the E Office, Inc., Ltd., 101, Gangnam-gu Seoul Metropolitan Government building D, and Defendant A took place as if the actual operator of E, and Defendant B took place as if Defendant A could actually operate the company and give a subcontract to the victim C, and the victim said that “E would build 65 units of Bara on the land of Dobong-gu Seoul Metropolitan Government F, and at the same time make a subcontract to the Plaintiff.”

However, Defendant A is not the actual operator of the E, and there was no authority delegated by the company with respect to the construction subcontract, and there was no intention or ability to subcontract the construction site to the victim, as agreed, even if the Defendants received money from others from around 2006 to receive money from others for the operation right of the restaurant and the subcontract for the charnel construction, and failed to perform it as agreed at the time of the instant case. The Seoul Dobong-gu Seoul Dobong-gu F construction site had been in the state that construction business operators who had not already received the construction price had a right of retention for the part of the charnel construction at the time when they had already exercised the right of retention, and the construction cannot continue to proceed.

Nevertheless, the Defendants are the Defendant’s bank account (Account Number G) in Defendant B’s name on the same day, and the Defendant’s bank account in H’s name around April 2, 2008.

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