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(영문) 부산지방법원 2014.09.18 2012고단1551 (1)
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The defendant is a person who operates C, and D is a person who operates E.

Around March 2010, the Defendant and D had no reclamation license and construction right for FF public waters reclamation works at the time of Jinhae, and the said G Temporary GP road construction was suspended after 2008 due to financial difficulties. As such, even if waste generated from the said construction works cannot be buried in the said public waters, even if it was granted a performance bond from the victim H, the Defendant and D conspired to acquire money from the victim as a performance bond for construction for the purpose of the Defendants’ debt repayment, even though it was impossible to reduce waste transport and disposal works equivalent to KRW 7 billion in construction cost.

In collusion with the Defendant and D, at the office E office of the operation of D, which was located at the early September 2010, the Defendant, etc., together with the victim “A has the right to operate the F reclamation Work in C operated by D. And the G Temporary Postal Road Corporation ordered the contract for KRW 5.7 billion to E operated by D, and thus, it is intended to execute waste transport and disposal works to reclaim wastes generated from the road works as public waters. However, there is a case where a company without funds is unable to carry out construction works on its own, so the amount of KRW 30 million is changed from the performance bond. On May 20, 2010, the Defendant would return the said temporary Postal Road Corporation at the time of receipt of the first completion payment of the reclamation works around 3.7 billion won, and this shows a false contract to the effect that the said temporary Postal Road Corporation was awarded a contract for KRW 5.7 billion, such as the victim and the victim’s “waste transport and disposal contract,” and it received KRW 300 million in the name of 300.1 million.

Summary of Evidence

1. Copies of each protocol of trial, six, and eight times;

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