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(영문) 청주지방법원 2014.05.01 2013고합194
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is not guilty, and all applications for compensation order are dismissed.

Reasons

1. On January 31, 201, the Defendant: (a) established an I stock company on January 31, 201 for the acquisition and operation of H with the aim of consulting on the aviation industry; (b) entered into a contract with the Korea Airports Corporation on February 1, 2012 to acquire H management rights and airport operation incidental assets; and (c) paid KRW 2.95 million to the Korea Airports Corporation by January 15, 2013 under the said contract.

In the absence of special capital, the Defendant raised money on the condition that he entrusts affairs such as special expenses, parking lot operation, etc. within H, with raising funds, such as operating expenses of the said I Co., Ltd. and raising H acceptance funds.

Around October 2012, the Defendant: (a) at the office of the said joint company located in the JJ of the Chungcheongbuk-gun, the victim E, C, and D: “A business intending to commission the operation of the parking lot within H from the I Co., Ltd.; (b) is operated; (c) is a beneficial business that has made many search to others; and (d) is an attempt to grant the right to the entrusted operation in consideration of the future. On payment of KRW 1 billion as a security deposit, the Defendant, for one year, recommended the acquisition of the right to the entrusted operation of the parking lot within H, while managing the operating fund within the revenue for one year; and (e) soliciting the acquisition of the right to the entrusted operation of the parking lot within the H to consult on the details of the specific contract after one year.”

However, on December 28, 2011, the Defendant already leased a parking lot to H, and entered into a contract with H, a lessee, to operate the parking lot directly and settle the profits therefrom, and received KRW 1.53 billion with the down payment, etc., so the Defendant had no intention or ability to guarantee the right to operate the parking lot to the victims.

Nevertheless, the defendant deceivings victims, and signed a contract on the entrustment operation of H parking lot on October 15, 2012 between them.

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