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(영문) 인천지방법원 2016.12.08 2016고단1665

사기

Text

Defendant

A and Defendant B shall be punished by imprisonment for eight months and six months, respectively.

However, Defendant C.

Reasons

Punishment of the crime

Defendant A and Defendant C are de facto marital relations with Defendant C, and Defendant F was aware of the fact of crime by introducing Defendant A, a constructor, as a waste disposal business operator on June 2007, to the extent that there is no concern about actual disadvantage to the Defendants’ exercise of their right of defense.

Defendant

A around September 9, 2008, while becoming a G complex in Yangyang-si, Namyang-si, the victim “the H complex is all removed, and the apartment is entering into the apartment complex.” The H complex development plan is promoted, which requires KRW 100 million as operating expenses, and if the money is lent, he will follow the waste treatment business right.” Defendant B introduced Defendant B to the victim at the above site and introduced Defendant B to the victim at the above site, and Defendant B led the victim to the effect that “The said development plan has been completed at almost at almost at the almost the end,” and Defendant B led the victim to the location where the victim can be allowed to grant the right to operate waste treatment business among the removal business.”

After Defendant A and Defendant B continued to interview Defendant C at the “J” restaurant operated by Defendant B located in Gangnam-gu Seoul, Seoul, Defendant A and Defendant C, the purport that “If the money is lent, Defendant A and Defendant C will be given to the party according to the HH complex waste treatment business right, and there is no problem in paying the money because B is operating the said restaurant at Gangnam-gu.” Defendant B had the victim induced the victim, and Defendant B had the opportunity to use the money as a restaurant operating expense for the restaurant with the money borrowed from the victim. Defendant A and Defendant C had the knowledge of borrowing money for the purpose of operating expenses in relation to the H complex development plan under the condition that Defendant A and Defendant C would grant the victim the right of waste treatment business.