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(영문) 의정부지방법원 고양지원 2013.06.28 2012고단553
사기
Text

Defendant

A Imprisonment with prison labor of one year and four months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

Defendants are jointly and severally liable.

Reasons

Punishment of the crime

around November 8, 2010, the Defendants: (a) introduce the Defendant A to the J Office operated by Defendant B located in Gangnam-gu Seoul, Seoul; (b) introduce the Defendant A to the victim “a person who is able to move into a childcare center”; (c) Defendant A would operate a childcare center with a maximum of 60 persons in the Eunpyeong-gu Seoul K apartment complex; and (d) the Defendants demanded 80 million won to the victim as consulting expenses.

However, the right to operate a child-care center in the K apartment complex is decided by competitive bidding through the resolution of the council of occupants' representatives, and the right to operate the child-care center is not yet constituted by the council of occupants' representatives and the right to operate the child-care center is decided by competitive bidding.

The Defendants conspired to induce the victims as such, and received from the victims the amount of KRW 6 million on November 8, 201, under the pretext of consulting fees, for which the Defendants received KRW 4 million on November 9, 201, in total, KRW 50 million on July 7, 201, and KRW 50 million.

On January 19, 2012, Defendant A made a false statement to the effect that “A would have a child-care center in Eunpyeong-gu Seoul OO building be leased to the council of occupants’ representatives so that the victim may rent the child-care center.”

Accordingly, the victim paid 30 million won to the defendant A on the same day, and 10 million won on February 16, 2012, respectively.

However, at the time, Defendant A did not constitute the council of occupants' representatives of the apartment buildings of the above O building, and even if he received the above money from the victim, he did not have the intention or ability to use it as the funds for the council of occupants' representatives.

As a result, Defendant A deceiving the victim, thereby making the victim 4.

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