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(영문) 서울서부지방법원 2013.08.14 2012고단1695
사기
Text

Defendant

A Imprisonment with prison labor for ten months and for six months, respectively.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

A was sentenced to six months of imprisonment at the Seoul Western District Court on September 4, 2012, and the above judgment became final and conclusive on February 28, 2013 by the Supreme Court.

Defendant

A is the representative director of G, and the suspect B is the H representative director of H.

On February 28, 2011, the Defendants concluded that, at the office of Defendant B located in Guro-gu Seoul Metropolitan Government I, the victim J was delegated with the right of a park cemetery, and that, if the Defendants lent KRW 70 million as appraisal expenses, they would have the party perform civil engineering works for the park cemetery. The Defendants would immediately pay the appraisal expenses before the execution of the works, with the loans of KRW 30 billion from the bank.”

However, in fact, even if the defendants did not have any authority delegated by the K Park Cemetery, they did not have the intent or ability to execute the public works of the park cemetery even if they received appraisal fees from the victims.

The defendants deceiving the victims as such and deceiving them to do so, the same year as 50 million won on the same day under the pretext of borrowing from the victims.

3.3. received a total of KRW 70 million from the remittance of KRW 20 million.

As a result, the Defendants conspired to attract the victim to receive the goods.

Summary of Evidence

1. Defendants’ partial statement

1. The statements made by witnesses J and L in the second trial records;

1. Standard contract agreement for construction works, loan certificate, and details of passbook transactions;

1. Records before judgment: Application of criminal records, etc. and Acts and subordinate statutes;

1. Relevant Articles 347(1) and 30 of the Criminal Act and the choice of punishment for the crime, and the choice of imprisonment, respectively;

1. Defendant A who handles concurrent crimes: The latter part of Article 37 and Article 39 (1) of the Criminal Act;

1. Defendant B of a suspended execution: Article 62 (1) of the Criminal Act (the fact that a deposit is made for a victim, etc. shall be considered);

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