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(영문) 서울남부지방법원 2012.11.29 2012고합188

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A person shall be punished by imprisonment with prison labor for one month with prison labor for the remainder of the crimes as stated in the judgment of the defendant, and five years with prison labor.

Reasons

Punishment of the crime

[criminal power] On October 29, 2010, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on November 6, 2010, and the judgment became final and conclusive on November 6, 2010. On July 13, 2012, the Seoul Southern District Court sentenced eight months of imprisonment for fraud at the Seoul Southern District Court, which became final and conclusive on September 10, 2012.

【Criminal Facts】

The Defendant, from June 19, 2003 to June 19, 2003, was in office as the representative director of E Co., Ltd. (hereinafter referred to as “E”) established for the purpose of real estate sale, export and import, and marketing agency business in Gangnam-gu Seoul (hereinafter referred to as “E”), and established the F Co., Ltd. F (hereinafter referred to as “F”) for the purpose of selling, exporting and importing medical devices, and mining development business in the same place as above, from September 29, 2005 to November 19, 2009, and the Defendant was in office as the representative director of the said company until November 19, 2009; the victim was in office with her husband H, a corporation entrusted with school meal service (hereinafter referred to as “I”).

1. On November 16, 2007, the Defendant made a false statement to the effect that “The Defendant, at the F Office, has a relationship with the family members of K doctoral degree, who established the J University Foundation, and has the right to manage all the J University Foundation, such as J University, University Hospital, Middle School, and High School. 3 billion won invested, the Defendant would give 20% of the F’s equity interest, which currently has the right to operate a restaurant within the J University Hospital and the right to monopoly the Africa located in African gascar.”

However, at the time, the defendant did not have any authority to operate the facilities of the J University Foundation, and there was no intention or ability to give the victim the right to operate the cafeteria at the J University Hospital.

Nevertheless, the Defendant, by deceiving the victim as such, received KRW 200 million from the victim to the bank account in the name of F under the pretext of giving the right to operate a restaurant within the J University Hospital and taking over the F’s share of 20%. From that time until November 28, 2008.