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(영문) 서울중앙지방법원 2017.06.22 2015고단4448
사기
Text

Defendant

A and B shall be punished by imprisonment for eight months, by imprisonment for one year, and by imprisonment for ten months, respectively.

(b).

Reasons

Punishment of the crime

Defendant

B From November 22, 2012 to March 27, 2014, as a person registered as a director in-house corporation E (hereinafter referred to as “E”), Defendant C is registered as the E auditor from March 27, 2014, and is acting as E representative director. Defendant D is a person who was working as E’s E’s E’s E’s E’s E’s E’s E’s E’s E’s E’s E’s E’s E’s E’s business operation, and Defendant A is a F’s representative.

Defendant

C around July 2013, at the E branch office located underground in the Jung-gu Seoul Metropolitan Government Jung-gu G building, the agent of the head of the Dong I in the Haan-gun and the head of the Dong I in the area of the Haan-gun and the Haan I in the area of the 6th ground, paid the 180 million Won of the E deposit, succeeded to approximately KRW 1.4 billion of the loans in the name of the I hotel, and agreed to take over the I hotel on the condition that the remaining amount of KRW 50 million is paid.

Defendant

C subcontracted I hotel interior works, etc., and planned to procure the down payment necessary for hotel takeovers by receiving the money from the construction business operators, such as the performance deposit, and ordered Defendant B and D to identify the hotel construction business operator.

Accordingly, Defendant D, A, and B are still remaining in the remainder of the payment of the balance when they purchased I hotel in E at around February 2014 against the construction business operators, including the victim K, the constructor L, etc. in E office.

When the complete acquisition of a hotel is made, it is said that it will subcontract the remodeling work of the hotel such as the mechanical facility work and the interior work, so that it will change the construction deposit.

On the other hand, on February 2014, Defendant A did not have conviction as to the victim’s acquisition of the I hotel by the E, and Defendant A was able to obtain this I hotel from the deceased and the victim “E I hotel”.

In addition, it has a scrap metal equivalent to KRW 300 million in operating a secondhand shop, and the sales of the watch room remains in KRW 200 million.

If a person makes a mistake in doing so, he/she will sell the second water and return the deposit.

The above hotel takeovers and takes over the above hotel because there is no problem in the ability to pay the money because it talks to the effect that "to pay the money in trust."

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