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(영문) 서울서부지방법원 2018.04.25 2017고합164 (1)
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

To the extent that the facts charged do not disadvantage the defendant's exercise of his/her right to defense, some correction or correction was made according to facts obtained through the examination of evidence.

The Defendant, along with C and joint Defendant D, had tried to acquire property from victims E (61 tax) in a way that pretends to be able to receive large amounts of funds by securing government funds that are not officially implemented by the government in order to revitalize small and medium enterprises.

around October 15, 2016, the above C refers to the purport that "the victim, who became aware of through F through F, has a warehouse that keeps funds covered by non-funds with exemption from the Government, shall be liable for and raise KRW 5 billion on a face of 100 million, and if he/she fails to receive funds, he/she shall be liable for and returned to 100 million on a face," and the defendant and the above C shall be returned to the victim on a non-commercial coffee shop near Yongsan Station, Yongsan-gu Seoul Metropolitan Government, on October 17, 2016. At the same place near Yongsan-gu, Yongsan-gu, Seoul Metropolitan Government, the defendant and the above C shall have the actual record of the passbook amounting to KRW 10 billion if he/she received funds from the victim, and the person who created the result of the operation of the passbook shall secure by G to transport funds from the government, and if he/she receives funds from the victim, he/she shall be notified that he/she will jointly take the money from the defendant's shop and manage it."

However, there was no warehouse in which government funds are kept.

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