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(영문) 서울동부지방법원 2012.12.04 2012고단1565
사기등
Text

Defendant

A Imprisonment with prison labor of one year and two months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[Criminal Justice] On April 21, 2006, Defendant A was sentenced to three years of imprisonment for a crime of fraud at the Seoul Eastern District Court on April 21, 2006, and was released on August 14, 2008 during the execution of the sentence, and the parole period expired on October 23, 2008.

【Criminal Facts】

"2012 Highest 1565"

1. Defendants A and B conspired with D to receive money under the pretext of lease premium, with the intent to operate a rest area, and they want to receive money from the Defendant A. D, Defendant B and Defendant A concluded a contract on May 23, 201 with the Defendant to “Guideo, who wishes to operate a rest area,” and Defendant B and Defendant A concluded a contract on March 23, 201 with the victim F and the victim G at the coffee shop located on the second floor of Gwangjin-gu, Seoul Special Metropolitan City E-gu, with the right to operate a rest area, with the profits of KRW 160 million from the victims at KRW 7 million to KRW 10 million, and the average sales of the same month are guaranteed to the victims at KRW 2,000,000,000 from May 23, 2011 to KRW 2,000,000,000,000,000 from May 23, 201.”

However, D did not have the ability to operate the expressway rest area, and this point was known to Defendant A and Defendant B, and the purpose was previously to use the agreement amount in the case in which H filed a complaint against Defendant A and the Defendants’ personal use, so even if he received money from the victims as the premium for rent, there was no intention or ability to grant the right to operate the expressway rest area.

Nevertheless, the Defendants deceiving the victims as above and deceiving them from the victim G and F on March 2011.

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