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(영문) 서울남부지방법원 2014.03.31 2013고단941
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant assumes the Head of H’s Seoul branch office, and N is a person acting as a representative director of (State) PP representative director, and a person acting as a broker for the conclusion of various subcontracting contracts between Q and H.

The Defendant, even though there was no construction work in fact under a state of business suspension, and there was no fact that the J, the representative director of H, fully delegated authority with respect to the conclusion of the construction contract, he did not in mind to acquire money from the victim as if the victim could subcontract various construction works owned by the State (State).

On September 20, 2006, the Defendant: (a) had NN know of the fact, carried out the construction of the same apartment house in the Dong-dong where “(State) H” is located in the office of (State) in the Dongjak-gu Seoul Ro Building; (b) caused the Defendant to make a false statement to the effect that “The Defendant would change the cost of the construction of the apartment house to KRW 30 million in return for the reduction that the PP would receive a subcontract.”

However, in fact, the progress of the construction of the same-friendly apartment was suspended, and the (State) H did not have any authority in relation to the above construction, and there was no fact that the defendant was delegated by the (State) H to conclude the subcontract construction contract.

Accordingly, the Defendant, as seen above, deceiving the victim and received KRW 30 million in the name of the victim for the above apartment subcontract construction cost on the same day from the victim. From around that time to November 13, 2006, the Defendant obtained three bills of exchange in which the sum of KRW 140 million in total and face value is KRW 40 million from the victim and the sum of KRW 40 million in total and KRW 40 million from the victim.

Summary of Evidence

1. The defendant's legal statement;

1. Statements made by witnesses Q in the sixth trial records and by witnesses S in the eighth trial records;

1. Entry of the witness N in the sixth protocol of the trial;

1. Prosecutions against the Defendant.

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