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(영문) 의정부지방법원 2015.03.25 2013고단2200 (1)

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【Criminal Power】 On September 29, 2006, the Defendant was sentenced to the violation of the Act on the Control of Narcotics, etc. (fence) and one year and six months from imprisonment due to fraud, etc. at the Gwangju District Court, and completed the execution of the sentence on October 23, 2007, and on February 17, 2011, the judgment on March 21, 201, which became final and conclusive after being sentenced to three months from imprisonment with labor for a violation of the Punishment of Violence, etc. Act (collective, deadly weapons, etc.) at the Gwangju District Court.

【Criminal Fact-finding and Gyeonggi Tourism Corporation: (a) recruited a private business entity of the B development project; (b) concluded a concession agreement with D Co., Ltd. on September 23, 2008; and (c) failed to pay the business performance guarantee by March 31, 2009, which is the implementation period of D Co., Ltd.; (d) notified D Co., Ltd. of the cancellation of the said concession agreement on May 7, 2009; and (b) thereby, the status of D Co., Ltd. subject to preferential negotiations was lost.

E is the vice-chairpersons of D Co., Ltd. who are claiming to have led the process of inviting the private business entities of the above development project, and Co-Defendant F and the Defendant, respectively, invested an amount equivalent to KRW 200 million in the process of the separate recruitment, and Co-Defendant G, a representative director, has interests, such as lending to E a bill of exchange equivalent to KRW 130 million in the name of H and KRW 750 million in the name of the representative director.

In addition, even after D Company lost its status as a priority bidder, E was deemed to have been delegated the authority to succeed to the business of D Company I, which was the second priority partner of D Company I, and continued to carry out the above development project, by asserting that D Company had been delegated the authority to succeed to the business of D Company I. However, the Defendant, F, and G were to establish a corporation “J Company” and to recover investment funds, etc., and to succeed to the said development project after having been transferred the shares of D Company I.

However, I Co., Ltd. is above.