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(영문) 서울서부지방법원 2016.02.16 2014고단2425
사기
Text

Defendant shall be punished by a fine of KRW 20,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant of "2014 Highest 2425" is the victim E at a coffee shop in which the trade name in Seocho-gu Seoul Metropolitan Government is unknown among the police officers on February 2009, and the defendant tried to take the new construction of a hospital in Pakistan.

The phrase “a subcontract for the electrical construction part of the newly constructed hospital at the face of the State” was made by lending expenses and purchasing passenger cars for the progress of the construction work.

However, in fact, the defendant was not a regular manager of F, and was responsible for the debt equivalent to KRW 100 million at the time, and thus, he did not perform the construction work under the contract for the hospital construction work or did not have the intention or ability to subcontract

Nevertheless, on February 20, 2009, the Defendant: (a) by deceiving the victim; (b) received KRW 5 million from the injured party on or around February 20, 2009 as a loan; and (c) received a payment for a passenger car from the street in Daegu-gu, Daegu-gu, around March 2, 2009, by G ASEAN equivalent to KRW 17,021,470.

"2014 Highest 2560"

1. On January 30, 2009, the Defendant: (a) at the construction site of the Kusan High School adjacent to the Yongsan High School located in Pakistan-si, and (b) borrowed the cost of the medical care center civil engineering, alley, electricity, and the office rent to the victim H as the site site warden. On the other hand, the Defendant would receive the down payment of the construction work.

However, the facts are that the defendant has a debt equivalent to KRW 100 million at the time, and the above construction has not been performed normally, and there was no intention or ability to provide the victim with the above medical care center civil engineering, framework, electricity, and facility works or to repay the above loan.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received the total amount of KRW 10 million from the victim; (c) KRW 4 million around February 13, 2009; and (d) KRW 30 million around April 4, 2009, respectively, from each remittance; and (d) received KRW 44 million from the victim.

2. On May 8, 2009, the Defendant is present at the construction site of a nearby medical center in the literature, mountain, and high school located in the Si of Pakistan-si.

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