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(영문) 인천지방법원 2017.05.18 2016고합706
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Two years of imprisonment and two years of imprisonment with prison labor for the crimes of the 2017 High 5 cases.

Reasons

Punishment of the crime

[criminal record] On August 20, 2015, the Defendant was sentenced to a suspended sentence of five months for a violation of the Labor Standards Act at the Incheon District Court, and the said judgment became final and conclusive on December 5, 2015.

[2] On October 1, 2013, the Defendant: (a) paid KRW 1,170,180,000 as construction cost to the victim of the I Co., Ltd., operated by the victim H on October 1, 2013 in Yeonsu-gu Incheon Metropolitan City, on KRW 200,000,000 until December 31, 2013; and (b) paid KRW 200,00,000,000 until February 20, 2014; and (c) paid the remainder by June 30, 2015 to the victim of the I Co., Ltd., Ltd., operated by the victim H until November 30, 2013.

Since investors are expected to make an investment, construction cost will be paid without framework.

If the construction cost is not paid, the ownership of the K facilities will be transferred.

“The meaning of “.......”

However, in fact, the defendant came to know N of representative director of M Co., Ltd. due to introduction of ship L on May or June 2013 and tried to implement apartment execution project.

Although N made a statement to the effect that it would contribute to the Defendant amounting to KRW 500,000,000, it was not written in writing, and it was unclear whether N would contribute KRW 500,000 as well as the time of donation because there was no other fact that there was no person who agreed to make an investment in the Defendant, and there was no intention or ability to pay the above construction cost to the victim. Since K facilities were to be donated to the Incheon Free Economic Zone Administration, it was difficult to transfer ownership to the victim.

Nevertheless, the Defendant, as seen above, made the victim make a false statement, and caused the victim to acquire pecuniary benefits equivalent to the same amount by having the victim complete construction works to create a axis equivalent to KRW 1,340,000,00, including additional construction works from October 4, 2013 to November 1, 2013.

The defendant of "2016 Gohap712" shall operate K.

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