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(영문) 서울중앙지방법원 2019.02.18 2017고단8127 (1)
사기등
Text

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

An application for compensation order against the accused of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[Criminal Power] On April 23, 2014, the Defendant was sentenced to imprisonment with prison labor for four months in the Gwangju District Court's net support for the same year.

8.23. A person who has completed the sentence in a net prison;

【Criminal Facts】

1. The Defendant and D and E’s co-principal D introduced the G in the process of implementing the development project on the land, etc. in Scheon City, F, with the introduction of a branch of a branch of a person who knows at the beginning of October 2016, and, with the knowledge that at the time, G intended to transfer the said development project, E introduced the said development project, and E introduced the said development project to the Defendant.

At the time, the Defendant, while having good business feasibility of the above development project, told D and E to the effect that “if the Defendant takes office as H representative director, he will execute the above development project at H, and raise the purchase fund at H,” but did not take office as H representative director, he decided to designate the purchaser of the above development project as E and take over the said development project from G.

From November 2016, the Defendants prepared a contract for acquisition of a business with the amount of KRW 4 billion from G with regard to the execution right, business service right, etc. of Macheon-si I, J, and K Forest in the name of E, but the acquisition fund is insufficient. As such, the Defendants thought on April 2016 that the Defendant received money from L for the acquisition fund of the development project and used money for the acquisition fund of the development project.

On November 10, 2016, in collusion with D and E, the Defendant is expected to take office around December 2016 from the “O” office located on the 20th floor of the Defendant’s NE of Geumcheon-gu Seoul Metropolitan Government NE, and “ Q and A will take office around 2016 as the president and the representative director of HH corporation.” The H corporation will undertake construction works as soon as it receives a contract.

If Q and A take office as president and representative director of H, it is necessary to subcontract the construction of electricity, electricity, fire fighting, and telecommunications equipment of 60 billion won among the new construction of Mriart.

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