사기
The defendant shall be innocent.
1. On June 26, 2012, the Defendant stated that “The head of the Association of the E-Seoul Branch, an incorporated association, is the head of the Do branch office of the E-Seoul Association, a incorporated association, and the head of the Do branch office of the E-Seoul Association, a incorporated association, will give the F business owners of 22 business categories in Dobong-gu and their employees the right to receive education and the right to sell fire safety machinery monopoly to the above business establishments.”
However, there was no intention or ability to exercise the right of education and the right of exclusive sale.
Nevertheless, on July 10, 2012, the injured party was paid KRW 5 million to the account of the Association of E, an incorporated association on July 10, 2012, and KRW 5 million to the account of E, an incorporated association on July 13, 201, and was paid KRW 10 million.
2. Determination
A. The gist of the argument is that the Defendant is still currently applying to the victim, not the victim’s above educational rights and exclusive sales rights.
It is explained that the victim also paid KRW 10 million as the development fund set up knowing such circumstances, so there is no fact that the victim was deceiving.
B. According to the records of this case, ① the Defendant’s organization E (hereinafter “E”) was to be entrusted with the duties of fire-fighting safety education on the owner of the F establishment, etc., which was previously implemented by the fire-fighting department in the first line of Korea on September 2011, the government inspection of the state administration to the National Fire-Fighting Agency for the National Assembly member G around September 201. On March 3 to April 2012, E filed a petition for the entrustment of the operation to the National Fire-Fighting Agency and the Administrative Safety Commission. ② E was not only the Defendant, but also the victim was present at the above public hearing (the victim’s legal statement) (the victim was appointed to the head of the Dobong branch of the E-Seoul Association around December 2012, and the Defendant and the Trade Union met with “the National Assembly, the National Assembly, the City Fire-Fighting Agency, the 1000 won, the 1000 won and the 6000 won and the 60.00 won.”