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(영문) 서울남부지방법원 2015.04.16 2013고합418
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendants are not guilty. The summary of the judgment against the Defendants is publicly announced.

Reasons

1. On October 2012, Defendant C became aware of the facts charged that the victim G (the 40-year-old age) was trying to block urban residential housing on the Ha site in Yan-si, Y-si.

Defendant

C received the construction cost by deceiving the victim, and it was thought that it was appropriated for the construction cost of the officetel which was newly constructed as Defendant B.

Accordingly, Defendant C introduced Defendant A, who will act as a construction business operator through Defendant C, and Defendant A, according to Defendant C’s instruction, shown that the victim would faithfully perform the new construction work, and received the construction cost, and decided to immediately transfer it to Defendant B, and Defendant B received the money in accordance with Defendant C’s instruction.

On October 5, 2012, the Defendants introduced Defendant C and Defendant B as a construction business operator at the H site office in Haan-si, Haan-si. Defendant A, upon receipt of construction payment from the victim, had the same attitude as Defendant A would normally use the construction payment from the victim in the said Y site construction work. Accordingly, the Defendants entered into a contract with the victim for construction work.

The Defendants deceptiond victims as above, and received KRW 30 million on October 1, 2012 from victims, KRW 30 million on October 16, 2012, KRW 30 million on October 23, 2012, KRW 30 million on November 15, 2012, KRW 200 million on November 27, 2012, KRW 300,000 on November 28, 2012, KRW 300,000 on November 31, 200, KRW 201.35 million on November 30, 2012, KRW 200,000 on December 30, 2012, KRW 130,000 on December 17, 2012, KRW 200,000 on KRW 1300,00 on December 14, 201.

As a result, the Defendants conspired to obtain 610 million won from the victim.

2. According to the records of recognition, the following facts are recognized.

(a) Conclusion of a total of three construction contracts;

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