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(영문) 부산지방법원 동부지원 2017.05.18 2016고단167

사기

Text

Defendants shall be punished by imprisonment for one year and six months.

However, from the date of the conclusion of the judgment, the Defendants are above two years from the date of the judgment.

Reasons

Punishment of the crime

[criminal record] On July 14, 2009, Defendant A was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan District Court on July 14, 2009, and the above judgment was finalized on January 28, 2010.

Defendant

B On May 25, 2016, the Busan High Court sentenced imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Busan High Court on May 25, 2016, and the above judgment was finalized on July 13, 2016.

[2] Defendant B, as a member of H’s religious service, served as a member of H’s religious service, from around 1993 to around 2005, is a member of H’s religious service, and Defendant A is a member of H’s religious service.

The Defendants, with the knowledge of promoting the construction of an outdoor golf practice hall on the land owned by the H of H of H located in Busan, Busan, from among the H major type of H, were willing to act as if the victims K and L, known through the real estate broker J, were to be aware of the fact that the above construction of the outdoor golf practice hall was conducted at the time of the above construction of the outdoor golf practice hall from the H major type of H, and to receive money from the victims for the use of the H major type of money in return for the disposal authority or delegation of the disposal authority or the management authority to grant the operating authority of the outdoor golf practice hall after construction.

On April 14, 2008, the Defendants made a false statement to the victim K and L at the coffee shop in front of the H major office in Seongdong-gu Seoul, Seongdong-gu, Seoul, stating that “The Defendants would be entitled to the construction right and the right to operate the off-board golf practice center to promote the construction of the off-board golf practice center and its operation right to include the executive officers in H major department, on the site of approximately 9,900 square meters located in the land located in the Busan-gu, Busan-gu, Busan-gu.”

However, in fact, the Defendants did not have been delegated with disposal authority or business affairs related to the construction and operation of the above golf practice center from the H major class, and even if they received money from the victims for a non-commercial name, it is related to the construction project as agreed, since they did not have resolved to build the above golf practice center through the resolution of the general assembly or the board of directors.