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(영문) 서울서부지방법원 2018.08.24 2018고정115
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The Defendant is a person who has been working as a vice-chairperson in D (State) for the purpose of establishing anme to implement urban support facilities, raising funds, etc., called “C” within the development site of B B site in light of broad name.

On February 26, 2016, the Defendant was scheduled to construct and sell the 5th underground and 32th above ground to the victim E within the development site of the broad B site in Gangnam-gu Seoul, Seoul, by constructing and selling the 5th underground and the 32th above ground within the development site of the broad B site, and as the vice-chairperson of the above company, the Defendant has the authority to select an advertising agency related to the

When selecting an advertising agency, the advertising agency would have the company select and advertise the "F to be operated by the damaged person as an advertising-related subcontractor", which would cause the company to lend the amount of KRW 10 million as a promise clause."

However, the facts are merely obtained from the representative G of D (State) the position of the vice-chairperson of the said company on the pretext that helps the said company raise funds, and there was no authority to select an advertising agency for the building that the Defendant planned to build a new building. The said G borrowed KRW 00 million from H, etc. for purchase price for the building site, and as it was impossible to repay the purchase price, D was in the actual operation of H from February 2015. Since around February 2015, D did not have an intention or ability to receive the advertisement even if it received money from the damaged party due to the fact that it was sufficiently supported by the project, such as the fund raising and authorization and permission problems are not resolved until February 2016.

As such, the Defendant, by deceiving the victim and deceiving the victim on February 26, 2016, obtained KRW 5 million from the victim, and KRW 5 million on March 4, 2016 from each transfer to the Defendant’s account, and acquired KRW 10 million in total.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A letter of commitment to provide services for subcontract advertising business as an agent;

1. Application of Acts and subordinate statutes on trading;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1.Article 70(1) and (2) of the Criminal Act to attract a workhouse.

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