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(영문) 인천지방법원 2013.10.17 2011고단6638

사기등

Text

Defendant

C and B shall be punished by imprisonment with prison labor for one year and three months, and by imprisonment with prison labor for ten months.

except that this judgment.

Reasons

Punishment of the crime

Defendant

C On September 29, 2010, the Incheon District Court was sentenced to two years of suspension of the execution of imprisonment with prison labor for fraud, etc. at the Incheon District Court on November 10, 201.

[201 Highest 6638] (Defendant B) is the actual owner of Jinna’s “Jinna” (hereinafter “Linna”) on the 5th and the 6th of the 6th of the 6th of the 5th of the 6th of the 5th of the 6th of the 6th of the building in Nam-gu, Incheon, and Defendant A is a person who runs the business of Sinna with the trade name “L” in Gangnam-gu Seoul 304, and was delegated by Defendant B with all authority to introduce, arrange, and enter into a contract for the instant friendship. Defendant C is a person who actually operates M (owner) and was awarded a contract for the construction of the instant Sinna’s facilities and remodeling facilities from Defendant B around July 3, 2009.

1. At the time of the Defendants’ joint criminal conduct, Defendant B did not have the intent or ability to terminate the auction on September 2, 2009 with respect to the instant private letter, but Defendant C did not have the right to sell out the O building located in the Nam-gu Incheon Metropolitan City N, which was a part of the construction at the time. Therefore, even if the Defendants received money from the victims as the security deposit for multiple co-owners in the above Jina or within the above Jina, the Defendants did not have the intent or ability to make it available for the victims to normally use it and make profits, or to return the deposit money.

Nevertheless, the Defendants concealed all the above circumstances and the fact of the commencement of voluntary auction against the instant friendship, and conspired to acquire money from the victims as a security deposit for the various coponers of the instant friendship or sugar. A.

The Defendants committed the crime against the victim P are entering into a lease agreement with the victim and the third party of the instant letter of gift in the office of O sales in the Nam-gu Incheon Metropolitan City Q around January 8, 2010, in which they enter into the lease agreement with the victim and the third party of the instant letter of gift.