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(영문) 서울서부지방법원 2016.01.20 2015고단732
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 10, 2014, the Defendant was sentenced to a suspended sentence of two years and two years of imprisonment with prison labor in the Seoul Western District Court for fraud. On January 29, 2015, the judgment became final and conclusive on December 29, 2015.

1. At around 16:00 on June 17, 2014, Defendant 2015, Defendant 732, at the Defendant’s personal office located in Gwangjin-gu Seoul Special Metropolitan City, presented a contract for construction work entered into between the limited partnership company E and P&C after having the limited partnership company E and the stock company, to the victim D, and “B E’s auditor,” and changed KRW 30,000,000 as the introduction cost to reduce the subcontract for construction work in E.

However, the above contract for construction work has no effect, so even if the defendant received the introduction fee from the injured party, he did not have the intention or ability to give the subcontract to the injured party.

On June 18, 2014, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Agricultural Cooperative Account (G) in the name of the Defendant under the pretext of introduction in around June 18, 2014.

2. 2015 high group 1859;

A. On April 8, 2014, the Defendant’s fraud against the victim H may give a subcontract to the victim at a coffee shop where the trade name in the two dong-dong at the time of thecheon-gu, 2014 is unknown.

First of all, the investment of 50 million won is required to carry out the project so that it can immediately carry out the construction by supplying steel and concrete, and the construction cost will be paid by the bank upon completion of only the 2nd floor framed construction.

“.........”

However, the Defendant did not have any intent or ability to supply the victim with steel bars and concrete and to normally proceed with the construction work even if the Defendant had no capital at all at the time of the construction.

As such, the Defendant, by deceiving the victim and deceiving the victim, shall be KRW 25 million on April 14, 2014, under the pretext of investment from the victim.

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