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(영문) 서울서부지방법원 2016.07.19 2013고단2974 (1)
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 31, 2001, Defendant C (a year confirmation of imprisonment) is the representative director of D Co., Ltd. established with the purpose of consultation, consultation, service business, etc. on construction, implementation business, and the Defendant is the person who was sentenced to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on August 31, 2001 and was sentenced to imprisonment for a total of three years and six months, and was the auditor

Around April 16, 2012, the Defendant conspireds with the Defendant, and the Defendant stated in the indictment of a coffee shop in the first floor of the Mapo-gu Seoul Mapo-gu Seoul E Center as “the above D Co., Ltd. office on the 11st floor,” but even if the indictment was corrected without changing the indictment, it does not seem that the Defendant’s exercise of the right to defense would be practically disadvantaged, and thus, it shall be corrected ex officio

In this context, the victim F was transferred KRW 100,00 to the corporate account (G) of the said D Co., Ltd. by saying, “I know well-known that we will receive, and will receive, electrical construction and fire-fighting installation works ordered by 8 U.S. Guns in Korea with two beer and beer.”

However, the facts revealed, however, that the above company operated by the defendant and the above company did not generate operating profits because there was no particular sales, and continued to be in the state of capital erosion of 00 million won, and the indictment was merely stated as "the so-called Pestacom," and it does not seem that even if it was corrected without any amendment to the indictment, it would result in a substantial disadvantage in exercising the defendant's right of defense. Accordingly, it shall be corrected ex officio as above.

In addition, the defendant and the commercial defendant did not know the U.S. headquarters and the 8 U.S. military senior officers in Korea, and not only could they easily order various construction works ordered by the U.S. headquarters or the 8 U.S. military in Korea.

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