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(영문) 인천지방법원 2016.08.11 2016고단324
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[criminal records] On October 28, 2009, the Defendant was sentenced to one year and two months of imprisonment due to habitual fraud, etc. at the Cheongju District Court on November 5, 2009, and the judgment became final and conclusive on November 5, 2009, and completed the execution of the above punishment on November 30, 2009.

[Criminal facts]

1. Around October 2010, the Defendant: (a) around October 2010, the Defendant: (b) requested the victim C to pay 30 million won in the mutual infinite coffee shop located in the Eunpyeong-gu Seoul Metropolitan Government (Seoul) (hereinafter “Seoul Sungdong Development Area”); (c) “The Defendant would offer money if the Defendant entered into the restaurant contract in a fixed manner.”

In order to obtain the right to operate a restaurant by having the victim operate the restaurant in the area of the Sung-dong redevelopment area, the company should pay to the union-related persons and police officers. The company borrowed only KRW 20 million to the union and police officers.

However, at the time, the Corporation was not actually engaged in the development area of Sungdong in Seoul, and the defendant did not have the intent or ability to obtain the right to operate the restaurant even if he received money from the injured party because he was not capable of obtaining the right to operate the restaurant.

Nevertheless, on December 3, 2010, the defendant deceivings the victim as above and acquired the money from the victim to the head of the bank in the name of the defendant's mother on December 3, 2010.

2. On February 11, 2011, the Defendant, at the place described in paragraph 1, around February 11, 201, ordered the victim to take the removal works in relation to the re-building project of the Seoul Hongdong 12, Seoul Hongdong at the place described in paragraph 1.

In order to do so, 4,00,000 won has to be lent to partnership-related persons, and 4,250,000 won has been repaid as principal and interest until February 25, 201, when financing 4,000 won has been extended.

“.....”

However, in fact, the removal work related to the above Hongdong 12-dong reconstruction project has already been concluded with the floor around June 4, 2009, and even if the defendant receives money from the injured party, the removal work is also implemented.

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