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(영문) 수원지방법원 2016.03.30 2015고단5421

사기

Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

In fact, (State) New Industries Development was not implemented by the Driart Development Corporation located in Ycheon-si, and Defendant A provided (State) with funds necessary to obtain the implementation right of the said Construction, and in return, Defendant A agreed to obtain the implementation right of the said Construction at the construction site and agreed to obtain the operation right of the said Construction. Therefore, it is unclear whether the new Industry Development or Defendant A may obtain the operation right of the restaurant (State) or the said Driart's operation right of the said Driart. Accordingly, even if Defendant A received money from the victim (State) as the deposit money for the exclusive supply contract of food materials, Defendant A did not have any intent or ability to deliver food materials to the restaurant or return the deposit money within the agreed time limit.

Nevertheless, the Defendants already acquired the right to operate the restaurant by Defendant A as a box at the construction site of the above construction site, and immediately can supply food materials to the above restaurant, and there was a conspiracy to acquire money by deceiving the victim as if the deposit can be returned within the time limit and receiving money as the deposit money for the contract for the exclusive supply of food materials.

The Defendants, according to the above public offering, at G’s office located on the fiveth floor of the Seocho-gu Seoul Metropolitan Government F Building around August 2014, the Defendants held the right to operate the restaurant at the site of the Driart construction site where Defendant A was located, for Defendant B, an interest employee of the largest shareholder of the victim (ju)E.

When food materials are supplied at this point, 10 million won per month can be punished, so that food materials can be supplied to the people.

Defendant

A currently pays KRW 60 million out of the deposit amount of KRW 90,000,000,000 to a restaurant operation right, and the Corporation does not pay KRW 30,000,000.

The amount of KRW 30 million to be used as a restaurant deposit instead of the recipient of the exclusive right to use food materials delivery. The contract is not implemented within two months.