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(영문) 수원지방법원 여주지원 2018.03.15 2017고합40
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

[Criminal record] On June 15, 2016, the Defendant was sentenced to one year of imprisonment for a crime in support of Sungnamgwon, which was established on September 3, 2016.

[Criminal facts]

1. On May 2014, the Defendant is working as a director at the headquarters for civil engineering and construction projects of C Co., Ltd., while serving as a director at the headquarters for civil engineering and construction projects of C, the Defendant is proceeding with the victim G and the victim H in the F hotel coffee shop located in Jung-gu Seoul, Jung-gu, Seoul.

There is an enterprise that has received a deposit of KRW 1 billion and has received a sales agency, and it is necessary to refund the deposit of KRW 1 billion to this enterprise and collect the sales agency right, but it is necessary to entrust the victims with the sales agency business.

“False speech was made to the effect that it was “.”

However, in fact, the defendant did not have a position to decide to entrust the victims with the apartment sale agency business and thought to use the money received from the victims as gambling funds, and even if he received the money from the victims, he did not have the intent and ability to allow the victims to perform the apartment sale agency business or return the money.

Nevertheless, the Defendant, by deceiving the victims as such, received KRW 20 million from the victim G on June 9, 2014 and KRW 100 million on July 10, 2014, respectively, and received KRW 31 billion from the victims on July 31, 2014, KRW 100 million on September 31, 2014, KRW 300 million on September 3, 2014, and KRW 300 million on October 2, 2014.

Accordingly, the defendant acquired a total of one billion won as a security deposit for sales agency from the victims.

2. Fraud under the pretext of an agreement on drinking;

A. On November 30, 2014, the Defendant: (a) called a phone to the victim on November 30, 2014; and (b) “Around the time when the victim was getting on the vehicle under drinking.”

Agreement amounts are required.

“A false representation was made.”

However, in fact, the defendant did not have caused a traffic accident while driving alcohol.

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