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(영문) 수원지방법원 2016.09.22 2016고단2063
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant and C conspired with the removal company as if they have the authority or ability to participate in the selection of the E District Removal company in the Dail-si population D. The defendant and C conspired to obtain money under the name of the contract deposit.

The Defendant and C, around the end of June 2012, concealed the above significance and, through F, intended to help the victim I operating the “H”, which is the removed company from G, in e.g., in e., the removal company in e., the e., the wife population D.

The executor is J Co., Ltd., which is a small father A and Dong C, has a pro rata relationship with the officer of the Si.

When the removal work is completed, 2 billion won out of the revenue 4.8 billion won shall be the cost of removal of the construction work, 1.4 billion won shall be returned to the executor, and the remainder of 1.4 billion won shall be divided into current and domestic prices.

It is necessary to pay KRW 100 million to the contractor as performance bond, etc. at K, which is the contractor, and if the funds are paid as the down payment in lieu of the contract deposit, it is necessary to conclude a subcontract for the removal work and carry out the construction immediately.

“A false statement was sent.”

However, the Defendant and C did not have any authority to participate in the selection of the E area, and even if they received KRW 100 million from the injured party, they did not have any plan to deposit it into the contractor or the executor, so there was no intention or ability to proceed with the subcontracting contract as agreed.

On July 10, 2012, the Defendant and C acquired a total of KRW 100,000 from the damaged person to the Defendant and C (on the receipt of cash KRW 50,000,000,000 from F, and delivery to the Defendant and C, 29,000,000,000 to the account designated by C) and from July 2012, the Defendant and C acquired KRW 21,00,000 (on the receipt of cash by F and delivery to the Defendant and C) from the damaged person as the down payment.

Summary of Evidence

1. Each legal statement of the defendant and C (part);

1. Each legal statement of a witness, L, M and I;

1. Application of the Acts and subordinate statutes of the police interrogation protocol to F.

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