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(영문) 수원지방법원 안양지원 2016.02.16 2015고단757

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for ten months.

Reasons

Punishment of the crime

1. Joint crimes committed by the Defendants

A. On March 23, 2013, the Defendants: (a) at the victim G office located in Songpa-gu Seoul Metropolitan Government F, the victim G was at the scene of the 2,300 apartment construction work executed by the Military Personnel Association; (b) Defendant B, in relation to the former executives of the Military Personnel Association, may request expenses to be incurred in granting the right to operate a restaurant at the site; and (c) Defendant A, on April 23, 2013, may be accompanied by the victim’s right to operate a restaurant at the site where money is given to H who is the former executives of the Military Personnel Association.

H said that “The cost of KRW 20 million to be reduced to H was changed.”

However, even if the defendants received money from the injured party, they were willing to use it for their personal purpose, and even if they received money from the injured party, they did not have the ability to give the injured party the right to operate the restaurant.

As seen above, the Defendants deceptioned the victim and received delivery of KRW 284,00,00 from the victim on April 23, 2013.

B. On July 1, 2013, Defendant A continued to say that “I may give money to I to I who is the executive officer of the State Council because I would not hear this horse, thereby allowing I to have the right to operate the restaurant.”

However, even if the defendants received money from the injured party, they had the mind to use it for their personal purpose, and the victim did not have the ability to operate the restaurant.

As seen above, the Defendants deceptioned the victim and received delivery of KRW 40 million from the victim on July 1, 2013.

As a result, the Defendants conspired to deception the victim and acquired the total amount of KRW 6,284,00 from the victim on two occasions.

2. On April 22, 2013, Defendant A, who borrowed 2 million won to the same victim as the former and the latter from the Buddhist land, shall be reimbursed.

The term "" refers to the following.

However, at the time, the defendant did not pay tax amounting to KRW 10 million.