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(영문) 서울북부지방법원 2013.04.19 2012고단1435
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

1. On February 20, 2010, at the Defendant’s office located in Dongdaemun-gu Seoul on February 20, 2010, the fraud Defendant concluded that “A victim C received an order for construction works for Fpenta Corporation E in Dong-si, Gangwon-do. It is impossible to perform construction works due to the shortage of construction funds.” Accordingly, the Defendant borrowed only ten million won. As such, the Defendant would have repaid the above amount to the owner of the penta Corporation as he/she received advance payments, and would help the owner to perform the penta Civil Works.”

However, the Defendant did not have any authority in relation to D, and was not a person operating the above D, and did not have any intention or ability to assign the penta Civil Works Corporation to the victim even if the Defendant received the above money from the victim because it was not a person who actually ordered the above Fpenta Corporation.

On March 5, 2012, the Defendant received KRW 10 million from the victim’s account in the name of the Defendant.

Accordingly, the defendant acquired financial benefits by deceiving the victim.

2. The Defendant, on January 7, 2010, attempted to take over the above company from G’s representative director G on the ground that he/she failed to fully perform his/her obligation to pay down payment, etc., and was not permitted by the above representative director G or the husband of G, the actual representative of the above company, to prepare the construction subcontract agreement as a representative of the above company, and was not permitted by the above representative director G or H.

On March 5, 2010, the Defendant: (a) prepared a document with respect to the construction work of constructing a single pen with respect to the land outside E during the East Sea between D Co., Ltd. and I; and (b) affixed the seal of D Co., Ltd., Ltd., which had been placed in advance on the name of “D Representative A of the Co., Ltd.” printed on the name of “D”) in column B, with respect to the construction work of constructing a separate pen.

In this respect.

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