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(영문) 의정부지방법원 2020.04.09 2019고단3728

사기

Text

Defendants shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

Defendant

On October 16, 2019, A was sentenced to 8 months of imprisonment for fraud and 2 years of suspended execution in the Suwon District Court's Ansan branch, and the judgment became final and conclusive on October 24, 2019.

The Defendants committed as if they were the representatives of D Co., Ltd., the C Public Corporation, and executive directors, and attempted to prepare an on-site restaurant contract and to acquire money as contract deposit and brokerage fees, as if they were to provide victims E with the right to operate the restaurant as a box in the construction site.

Defendant

B sent text messages to victims E, including “C 20 million won investment expenses, construction period, two years, food 5,000 won, simple 2,500 won, 150 early 20, three persons, 150 in early 20, and d construction work,” at the end of November 9, 2012, from the Incheon Reinforcement military F, the victim was the victim was the victim, and A was the representative, and the victim was the victim was the victim to provide the right to operate the restaurant at the above construction site, with KRW 30 million.

around December 18, 2012, the Defendants prepared an on-site restaurant contract with the content that the victims will be provided with the right to operate the restaurant in the C Construction Site, which is scheduled to be established after February 20, 2013, in the G Temporary Office of Incheon Reinforcement-gun, and Defendant B signed and sealed the above contract as the guarantor.

However, the Defendants were not the representative of D, the executive director, and the C Corporation was not the long-term neglected. Defendant A entered into a brin restaurant contract at the above site on September 24, 2012 and did not perform the contract, but did not return the down payment. Defendant A did not have the intent or ability to allow the victim to operate the brin restaurant even if the down payment was received from the victim, and Defendant B was also aware of such fact.

In the end, the Defendants conspired to induce the victim as such, and they are down payment from the victim, i.e., the down payment.