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(영문) 대전지방법원 천안지원 2016.01.19 2015고단185
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2015 Highest 185" Defendant heard that the factory of D Co., Ltd. will be transferred from C, and that the removal of D Co., Ltd. will work together (hereinafter referred to as "this construction") and the cost and profit-sharing will be shared to 1:1.

However, in fact, although the D Co., Ltd is planning to move a factory, the location of the factory was not determined in detail, there was no fact that the D Co., Ltd. entered into a contract with a specific company related to the removal work that is premised on the relocation, and the Defendant did not directly confirm this fact with the D Co., Ltd., and even if the D Co., Ltd's factory was transferred, there was no authority to subcontract the removal

On the other hand, C demanded the defendant to share the funds necessary for the main business, and the defendant was living together.

It received money from the victim F who was introduced from E under the pretext of subcontracting this construction work to the victim F, and tried to raise the business fund to be shared by the defendant.

1. On December 24, 2012, the Defendant drafted a contract to subcontract this construction to G Co., Ltd. that is operated by the injured party to the new bank located in the Dongjak-gu Seoul Metropolitan Government, and delivers it to the victim via E, the Defendant made the victim enter into a false statement that “D Removal Work is to be subcontracted to the victim,” and then, made the victim deposit KRW 3,990,000 with the account in the name of C on the same day, and issued KRW 6,010,000 to C, and acquired KRW 2,00,000,000 from the said account around March 8, 2013, and KRW 50,000,000 around September of the same month, and KRW 1,500,000 from the said account to the sum deposited KRW 13,500,000,000 each on the 111th day of the same month.

2. On March 25, 2013, the Defendant: (a) prepared a written contract to subcontract this construction to G Co., Ltd. in a non-permanent park located in Mapo-gu Seoul Metropolitan Government, Mapo-gu; and (b) delivered it to the victim.

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