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(영문) 서울남부지방법원 2019.01.15 2017고단5720
사기
Text

Defendants shall be punished by imprisonment for six months.

Defendants jointly set forth KRW 50,000,000 to the applicant for compensation.

Reasons

Punishment of the crime

Defendant

A On December 4, 2012, the Seoul Southern District Court sentenced a two-year suspended sentence to one year of imprisonment for fraud at the Seoul Southern District Court, which became final and conclusive on December 12, 2012. On September 26, 2013, the Seoul Southern District Court sentenced a three-year suspended sentence to two-year suspended sentence due to fraud, etc. on September 26, 2013, which became final and conclusive on January 21, 2014.

Defendant

A is a representative director who operated the F Co., Ltd. (hereinafter “F”) in the second floor E from January 16, 2008 to December 2, 2013 by Geumcheon-gu Seoul Metropolitan Government D Prize from January 16, 2008, and Defendant B was a former member of the Geumcheon-gu Seoul Metropolitan Government G apartment reconstruction.

At around 14:00 on April 8, 2009, the Defendants conspired to construct the said F Office with the victim C, who is the representative director of H, and the Defendant B entered into a rebuilding implementation date with the F representative, and if A lends KRW 50 million to A, it would allow the Geumcheon-gu Seoul Metropolitan Government to remove the first apartment house. The Defendant A planned to construct the said apartment as the G reconstruction Cooperatives, and first intends to write an agreement with the F Department and write a new contract again with L, which is the next construction. The KRW 50 million is necessary for the reconstruction project, and later, the amount of the removal construction project is increased, and the removal of the building agreement around April 9, 2009.

However, even if the defendants received money from the victim, they did not have the intent or ability to allow the removal of the apartment.

On April 9, 2009, the Defendants deceptioned the victim as above, and acquired the money from the victim to the Mbank account in the name of the Defendant B by remitting KRW 50 million to the Mbank account in the name of the Defendant B.

Summary of Evidence

1. The Defendants’ partial statements in the second trial records;

1. Statement made by C by a witness in the third protocol of trial;

1. Statement of witness N in the fourth protocol of the trial;

1. Legal statement of the witnessO;

1. Statement of the police statement regarding C;

1. The standard contract for removal of each building;

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