(영문) 서울중앙지방법원 2012.10.25 2012고단3832

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(영문) 서울중앙지방법원 2012.10.25 2012고단3832

사기등

Text

Defendant

A shall be punished by a fine for negligence of KRW 5,000,000, and by a fine of KRW 7,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

[criminal power] On December 20, 2007, Defendant B was sentenced to ten months of imprisonment for the crime of fraud, fabrication of private documents, and uttering of a falsified document in the Daejeon District Court's astronomical Branch on December 20, 207, and the execution of the sentence was terminated by a special amnesty on August 14, 2008 during the execution of the sentence.

【Criminal Facts】

1. Notwithstanding the absence of the fact that Defendant A was delegated with the authority to remodel the said house by H, the owner of Gangnam-gu Seoul Housing, the owner of the said house, the Defendants conspired to induce the victim F, the constructor, to whom Defendant A was delegated such authority, and to receive commission for construction contract brokerage from the victim, thereby deceiving the victim F.

Defendant

B around April 2009, at the J Construction Office operated by the victim in Dongjak-gu Seoul Metropolitan Government I, “A was delegated by H with remodeling construction works on G housing in Gangnam-gu Seoul, and the Corporation will go to the head of the site office when the Corporation is in progress. Around the same date and time, and at the same place, Defendant A said that “A will be able to enter into a construction contract with H if the construction work is carried out.” The Defendant said that “A will allow the victim to carry out the construction work on the face of KRW 3 million as the internal family is the relative relationship of the building owner and the entire construction works were delegated by H.”

However, in fact, Defendant A did not have been entrusted with the authority to remodel the said house by H. Therefore, even if the Defendants received the commission for the construction contract from the victim, the Defendants did not have the intent or ability to have the victim conclude the construction contract with H.

On April 2009, the Defendants conspired to act as such, thereby deceiving the victim, and then received 3 million won from the victim as a broker fee for the construction contract at the above JD office.

2. The Defendants were to commit fraud to the victim K, to forge the relevant private document, and to use the relevant private document.

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