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(영문) 대전지방법원 2012.07.13 2011고정2399
사기
Text

Defendant

A Imprisonment for 6 months and fines for 3,000,000 won, Defendant B’s imprisonment for 6 months and Defendant C’s fine for 3,00,000 won.

Reasons

Punishment of the crime

1. Defendant A and Defendant C conspired to contract the removal work of the G-built Building Construction Works owned by Defendant A, which is located in the F at the time of Y, to the construction business operator, and to acquire the scrap metal by receiving advance payment, which is the by-products of the removal work.

Accordingly, at around 15:00 on February 25, 2009, Defendant C concluded a false statement that “A, the principal owner of the building G G in Seosan-si, entrusted to perform civil engineering works at the time of removal and new construction of the building, which was concluded on March 30, 2009, Defendant C would enter into a contract for the construction of removal of the building at the time of removal and new construction of the building, while 40,000,000 won as advance payment, and 20,00,000,000 won as down payment, which would be changed to the down payment, will immediately start the construction.”

However, there was no intention or ability to contract the removal work even if the victim receives the down payment from the victim because the above building was in progress at the time of auction, and it is difficult to lend for the construction of the building.

The Defendants, as such, by deceiving the victim, received 20,000,000 won as the down payment immediately from the victim.

2. The Defendant C requested KRW 3,000,000 to the Defendant’s agricultural bank account in the name of the introduction of the removal work in spite of the victim’s intent or ability to contract the removal work at a place where the location is unknown on March 16, 2009, and the Defendant received KRW 3,000,000 from the victim to the Defendant’s agricultural bank account in spite of the said intent or capacity to contract the removal work as above.

3. Defendant A and Defendant B’s co-principal Defendants were persons living together from around 2008, who were in the relationship of living together, and the office operation expenses, etc. were needed to operate the office in the Jung-gu Daejeon District Court in order to carry out the removal and new construction of the G building owned by Defendant A, which is located in the Sinsan City F. In fact, the above G building was under auction, and there was no real property value, and the above G building was over KRW 80,000,000.

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