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(영문) 서울서부지방법원 2018.08.29 2018고단1997

사기

Text

Defendants shall be punished by imprisonment for six months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Defendant

A is a representative director of F Co., Ltd. (hereinafter “instant company”) who is a company operating a multi-use shop, golf course, etc. within Yongsan-gu Seoul Metropolitan Government D, and Defendant B is a inside director, and operates the instant company as a partnership business.

1. Joint crimes committed by Defendant A and B;

A. On December 2016, the Defendants concluded that “The instant company is a company that maintains a close relationship with H and carries on various projects within D” with the victim C at the office of the instant company office of Yongsan-gu Seoul Special Metropolitan City, Yongsan-gu, 1102, which caused the victim C to engage in casino business.” The Defendants concluded that “The instant company is a company that maintains a close relationship with H and carries on various projects within D, and that “the instant company is a company that operates the instant business at the Sungnam-nam I club (hereinafter “J club”).”

However, in fact, it was impossible to operate the casino in D, and the defendants did not have the right to operate the club normally, so there was no intention or ability to let the victim operate the casino.

Defendants were transferred from the victim C to the same account on December 26, 2016, KRW 30 million, and KRW 10 million on January 27, 2017.

As a result, the Defendants conspired to attract the victim C to receive the property.

(2) On April 2017, the Defendants would allow the victims C to engage in a business at a multi-use shop because the operation of the J club is delayed.

In order to do so, it would be false to say that it would be 10 million won as it is necessary to adjust the claim to all the pre-contractors in D.

However, in fact, the Defendants did not have the ability or intent to allow the victim C to operate the casino at the shop from the beginning.

The Defendants received KRW 10 million from the victim C to the one bank account (N) in M on May 16, 2017.

Accordingly, the Defendants are the defendants.