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(영문) 서울서부지방법원 2012.08.30 2011고단2752
사기
Text

Defendant

B and Defendant C shall be punished by imprisonment for six months.

However, the above judgment is delivered to the defendant B.

Reasons

Punishment of the crime

Defendant

B A around April 2010, the Vice-Chairperson of the Association of H (hereinafter referred to as the “Association”) is engaged in the conduct of the Association of H (hereinafter referred to as the “Association”), and the Association will enter into a free contract for the disposal of unused materials, such as waste electric wires emitted from KT with the Association until May 2010. The unused materials are annually KRW 300 billion, and the Association has been allocated an amount equivalent to KRW 54 billion, which is 18% among them. There are several groups of companies who intend to register the Association. First of all, Defendant A would allow companies which deposit KRW 30 million with the Association to enter into a contract for the disposal of unused materials. Defendant A, on April 29, 2010, entered into a registration with the Association under the name of the Association operated by the Association and intended to operate the above business, and Defendant B would have paid KRW 50 million to the victim J by telephone, Defendant J’s aforementioned speech before the Association, and paid KRW 300,000 per month.

Accordingly, on May 3, 2010, the victim met Defendant C, the secretary general of the Association, among Defendant B and A, at the cooperative offices located in the Gangnam-gu Seoul Central Library 2-dong, Gangnam-gu, Seoul, and the association offices located in the 3rd grade, Gangnam-gu, Seoul, with the purport that Defendant C was allocated a quantity equivalent to 18% from KT at that place. When preparing documents necessary for the registration of the Association, the victim would register I as a cooperative company under a free contract with KT and unused materials.

However, there was no discussion about the issue between the Association and KT since the Association was not a contracting company subject to the disposal of the unused materials.

Nevertheless, Defendant C and Defendant B received a false statement and transferred KRW 5 million from the victim to the Association’s deposit account on April 29, 2010. On May 3, 2010, Defendant C and Defendant B respectively received a cashier’s checks, which amounted to KRW 20 million at par value, and KRW 30 million at face value.

Summary of Evidence

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