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(영문) 서울남부지방법원 2018.05.09 2017고단4260
사기
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the instant case, Nos. 18, 19, and 20 shall be indicated on the daily list of crimes in attached hereto.

Reasons

Punishment of the crime

[Criminal record] On February 6, 2014, the Defendant was sentenced to a suspended sentence of two years for criminal fraud, etc. at the Seoul Central District Court on June, 2014, and the said judgment became final and conclusive on February 14, 2014.

[2] The Defendant of the 2017 Highest 4260 [Attachment 4260] is a person operating a group meal service company C, who mainly operates a cafeteria for workers temporarily installed at the construction site (one name box; hereinafter “brin restaurant”).

1. On September 13:30, 201, the Defendant made a false statement to the effect that “The Defendant would have the right to operate a restaurant at the construction site of a D factory located in the Mayang-si F (hereinafter “D factory”)” at the Busan Yolyang-si’s sublet near Busan Yan-dong.

However, the facts did not have been determined to operate the restaurant at the above site, and the defendant did not receive the right to operate the restaurant at the construction site, so there was no intention or ability to grant the right to operate the restaurant to the victim.

As above, the Defendant: (a) received KRW 1 million from the Defendant’s wife G account (H) on September 9, 201, under the name of the right to operate the restaurant from the victim; and (b) received KRW 1 million from the Defendant’s wife G account from April 8, 201; and (c) received KRW 25 million in total from April 8, 2013, including the case No. 1 through No. 17, 38, and 45 in the annexed List of Crimes; and (d) received KRW 18.2 million in total from the time to April 8, 2013.

2. The defendant who committed a crime related to the construction of an I apartment building in Busan-gun, Busan-gun, would be entitled to operate a restaurant in the same manner as that stated in paragraph (1) around May 3, 2012, at the same place as that stated in paragraph (1).

The Defendant received 300,000 won in total from May 31, 2012, from the time he/she received the money of KRW 21 to 26,000 from his/her wife G account (H) on the same day as the purchase price for the restaurant operation right, and received a total of 57,30,000 won in total from May 31, 2012, such as the daily list of crimes No. 21 to 26.

3. is located in Busan J.

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