beta
(영문) 대전지방법원 서산지원 2016.09.23 2016고단513

사기

Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

Defendant

A on September 29, 2014, after being sentenced to one year of imprisonment for fraud at the Incheon District Court, to two years of suspended execution, the judgment was finalized on October 7, 2014, and is currently under suspended execution.

1. Defendant B conspiredd to commit the crime, which was the chairperson of the Residents Countermeasure Committee on the environmental pollution, etc. of F in Thai-gun, Thai-gun, Thai-gun from around 2005 to around 2008, and the village ebbb in Thai-gun, Thai-gun, Thai-gun, B in the vicinity of the above F from around 2009 to around 2013.

Defendant A was a person who had requested Defendant B, around 2010, to be entitled to receive the coal re-transport business rights arising from F by taking advantage of the above position as above and 25 million won upon the request of Defendant B.

On October 2014, Defendant A demanded the return of the above KRW 25 million to Defendant B in order that the above contract for the number of coal goods transport businesses was not properly concluded, and Defendant B did not return it.

Accordingly, as shown below, Defendant A requested Defendant B to acquire money under the pretext of entertainment expenses, etc. as if he could have transferred the above coal re-transport business right to the victim. Defendant B attempted to gather the crime by consenting thereto.

2. The Defendants committed the crime at a coffee shop, where the address and trade name of the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, is unknown at around October 2014, the Defendants met the victim D, and Defendant A agreed that “B would be the Chairperson of F Residents Measures, and that “B would receive coal re-transport business rights from F through B.

A false statement was made to the effect that the provision of entertainment expenses and other expenses would allow coal re-transport business rights to be received as a contract. Defendant B made a false statement to the effect that “The victim has the right to operate coal re-transport business” by asking for whether the victim has the right to operate coal re-transport business.

However, the facts are that Defendant B received from F a contract for coal re-transport business.