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(영문) 대전고등법원 2020.08.28 2020노57
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The judgment below

The part against the defendant shall be reversed.

No. 1-A of the judgment of the defendant

Imprisonment for a crime shall be three years.

Reasons

1. Summary of the facts charged in this case

A. Daejeon District Court 2019 Highly 49: The Defendant was registered as the actual operator of the company C in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) on November 21, 2017 as the internal director of the company C on November 21, 2017, and the victim F is a person who engages in construction work in the name of

On November 20, 2015, the Defendant made a false statement that “When performing construction works equivalent to KRW 2 billion for construction works, KRW 300 million for construction works shall be immediately paid to the victim, and on the last day of each month, payment shall be made in cash on the 15th of the following month on the basis of the last day of each month.” The Defendant made a false statement on November 20, 2015, stating that “When performing construction works equivalent to KRW 2 billion for construction works, it shall be paid in cash on the 15th of the following month.”

However, in fact, the defendant did not have any particular property and could receive a loan for the payment of the construction cost, and even if the victim performed the construction work, he did not have any intention or ability to pay the construction cost as promised to the victim.

The Defendant, by deceiving the victim as above, had the victim proceed with the new construction of C factory equivalent to approximately KRW 2 billion, and paid only KRW 170 million, which is a part of the down payment, thereby acquiring property gains equivalent to KRW 1.83 billion, and acquired property gains equivalent to KRW 1.830,000,000, in addition to the acquisition of pecuniary gains equivalent to KRW 1.94 billion, in total, from November 20, 2015 to December 30, 2017, by deceiving the victim as described in the attached list of crimes.

B. Daejeon District Court Hongsung Branch 2019Gohap52: Fraud Defendant was a person who was in office as a director of the company C from November 21, 2017 to August 13, 2018, and a person who actually operated the said company from August 21, 2015 to August 13, 2018.

The Defendant is located in Chungcheongnam-nam Budget Group H around January 25, 2018.

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