특정경제범죄가중처벌등에관한법률위반(사기)등
A defendant shall be punished by imprisonment for three years.
except that the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.
Punishment of the crime
(State)The Defendant, who actually operates the B and the Bank of Bankruptcy, has been willing to acquire money from E members, who are members of the Portal Site D’s visual club D, for investment or loan purposes.
1. Frauding in relation to the F G store operating right;
A. The above (State)C is an executor in charge of the construction of a new G building located in F, and the above building was completed on or around December 2012, but has not been opened until now due to the objection of residents.
The Defendant offered a bribe of KRW 30 million to H, who is the Chief of F, and was sentenced to a fine of KRW 5 million on May 3, 2012, and had been investigated and tried until then. He was detained and released on bail. On May 3, 2012, H was detained and was detained in prison after being sentenced to three years and six months of imprisonment on May 3, 2012.
Therefore, even if the Defendant received the money from the victim I, there was a situation in which the other F related persons could not receive any non-official unjust benefits, and thus there was no intention or ability to transfer the right to operate the store in the building, which is made only through open tendering, to the victims.
Nevertheless, on June 11, 2012, the Defendant, at a restaurant located in the Gangnam-gu Seoul Metropolitan Government (Seoul Metropolitan Government), made a false statement to the victim I, who is a member of the said FG, “The company run within the said FG, has completed the said FG new building construction project, and has transferred the 300 million won to the deposit money after transferring the store operation right within the said building by using friendship with the F-related persons, etc.,” and received a remittance from the victim as part of the deposit money for the right to operate the store under the name of the J bank account in the name of (ju) C managed by the Defendant on July 11, 2012.
B. The Defendant deceiving the victim K through the above I to the same purport in Seoul, and deceiving it from the victim on July 11, 2012, the Defendant is only 50 million won as part of the deposit money for the right to operate a store with the J bank account under the name of J bank account in the above state of (C) around July 2012.