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(영문) 대전지방법원 2017.05.18 2017고합2

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

" 2017 Gohap 2"

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) around July 24, 2014, transferred the victim’s right to “I” to the victim in the “E” office operated by the victim D, Seo-gu Daejeon, Daejeon, from the president of the F Company G. Therefore, the Defendant would be entitled to operate the said store for 30 million won on the face of the Plaintiff.

“The purpose of “ was to make a false statement.”

However, the Defendant did not have any intention or ability to transfer the right to the said store to the victim even if he received money from the victim because the Defendant did not receive any right to the “I” from G.

Nevertheless, on July 24, 2014, the Defendant concluded a store sales contract with the victim and received KRW 9,000,000 from one bank account (J) under the name of the defendant as the down payment, and acquired it by means of money. From November 26, 2012 to September 7, 2016, the Defendant acquired KRW 1,749,00,000 in total on 43 occasions as shown in the list of crimes in the attached list of crimes.

2. On June 2016, the fraud Defendant calls to the victim K at an insular location, and “It is necessary to purchase the building materials to obtain the right to supply the building materials from the F Company G president and the F Company due to their friendship.

In this case, profits will be 20 to 30%.

“The purpose of “ was to make a false statement.”

However, the defendant did not have the intention or ability to deliver building materials to the FF company or to pay the profits to the victim by raising the profits from the supply of building materials to the F company even if he received investment from the damaged party due to the lack of the F company's right to supply building materials.

Nevertheless, on July 1, 2016, the Defendant: (a) around July 1, 2016, 40,000 won, one bank account (J) under the name of the Defendant; (b) around June 9, 2014, 10,000 won, from the same account around June 9, 2014; and (c) on the same account on August 24, 2016, 30,000.