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(영문) 서울서부지방법원 2017.08.30 2017고합80
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant, as the representative director of Mapo-gu Seoul Metropolitan Government “D” (hereinafter referred to as “D”), leased the first floor of the building underground from March 2016 to “1 billion won guaranteed and KRW 90,000,000 per month,” and was promoting the F duty-free shop business (hereinafter referred to as “the instant duty-free shop”).

The defendant from around May 2016 to the same year.

7. During the first police officer’s attempt to open the instant duty-free shop by having Rotten (G) and the victim H Co., Ltd. (hereinafter “victim”) perform the instant interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior of the duty-free shop and perform the instant duty-free shop in the situation where the construction was waived due to the lack of the construction cost, which was necessary for the opening of the instant duty-free shop until the first police officer, and on July 2016, 1, etc., “On the face of the interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior of the duty-free shop, 20% of the total construction amount on August 16, 2016, and 30% of the total construction amount on August 23, 201, and 50% of the remainder shall be paid within 45 days after the completion of the construction.”

However, at the time of fact, the Defendant and D did not have any funds at all, and the Defendant and D paid the down payment KRW 200 million out of the deposit KRW 1 billion on March 17, 2016, and did not pay the balance of KRW 800 million on April 16, 2016, which is the date of the payment of the remainder, and did not pay the monthly rent and management expenses. Of the above deposit, the down payment amount of KRW 200 million was also borrowed from the son, and there was no intention or ability to pay the down payment and the remainder of the construction expenses from the beginning because the said deposit did not have to be raised due to the sale price in duty-free shops or investment, etc. within one month.

Ultimately, the Defendant deceiving the victimized company as above and concluded a contract for construction work equivalent to KRW 161,9120,000 of the total construction cost on July 21, 2016 with the victimized company (hereinafter “instant contract for construction work”) and caused the victimized company.

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