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(영문) 인천지방법원 2018.11.23 2018고단4346
사기
Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

Defendant

A is the real representative of E, a controlled entity of the Dadong-gu Incheon Metropolitan City D Commercial Building (hereinafter “instant commercial building”), and Defendant B, as the managing director of the above E, planned to collect and defraud the labor cost of two members from the occupants of the instant commercial building, the victim, due to the lack of management costs for the instant commercial building.

On March 2011, the Defendants imposed on the victims of the instant commercial building on March 2011, and included the personnel expenses of nine percent of the management expenses in the general management expenses.

However, in fact, since 7 members of the custodian of the instant commercial building were seven and 2 members were thought to be used for the insufficient management expenses of the instant commercial building, there was no intention to hire 2 members of the custodian even if the labor cost of 9 members was imposed and collected from the victims.

As above, the Defendants: (a) by deceiving the victims; (b) received KRW 593,437 from May 201 to August 2013, 2013 as personnel expenses of two managers; and (c) received KRW 64,678,00 from 92 victims from April 201 to August 2013 as indicated in the list of crimes in the attached Table; and (d) obtained the remittance of KRW 64,678,000 from 92 victims.

Summary of Evidence

1. The Defendants’ respective legal statements

1. Each legal statement of witness G, H and I;

1. Each prosecutorial suspect examination protocol against the Defendants and G

1. Each police statement made to J and H;

1. A written confirmation of the I facts;

1. Each investigation report (to attach a table of aggregate charges exceeding management expenses, to submit a reference person A data, to verify the amount of damage by each victim, to submit a suspect A transaction statement, etc., to the suspect B reference materials, and to hear statements in braille call);

1. Service management contract, content verification, payment statement, D management statement, revenue and expenditure statement, each draft plan, business registration certificate, and so on;

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