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(영문) 수원지방법원 성남지원 2016.04.29 2015고단1503
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 3,000,000, and by a fine of KRW 10,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. On March 2012, Defendant A, around March 2012, referred to as “E” to the victim D, Defendant A was a director of the (State) E, and the construction works run by the company, referred to as “E” to assist the victim in having a restaurant (hereinafter referred to as “box”). On March 28, 2012, Defendant A introduced the victim B as the representative director of “E” at the “E” office located on the first floor of Yeongdeungpo-gu Seoul Metropolitan Government F commercial building.

Defendant

B In the above date, at the same time and place, the victim is performing H construction works in Jincheon-gun G, Jincheon-gun, the victim made it false to the effect that “The amount of the contract deposit 30 million won is changed so that the cafeteria can operate the restaurant at the site of the above construction work,” and the victim entered into the “contract for a restaurant for the operation of the standard construction site” with the victim.

However, the Defendants did not have the intent or ability to allow the victims to operate the restaurant even if they receive the money in the name of the deposit money for the restaurant contract from the victims, because the Defendants lack the construction fund and the civil petition of nearby residents at the construction site was practically difficult to proceed.

Nevertheless, on March 28, 2012, the Defendants made a false statement as above, and received KRW 15 million from the victim to the Agricultural Cooperative Deposit Account (Account Number I) in Defendant B on March 28, 2012, and KRW 15 million from the same account on March 29, 2012 as each contract deposit amount.

As a result, the Defendants conspired to deceive the victim, thereby deceiving 30 million won in total from the victim.

2. On June 12, 2012, Defendant B: (a) around June 12, 2012, at the E office listed in paragraph (1) around June 12, 2012, Defendant B had the site for the construction of an inn logistics warehouse to the victim D by telephone; (b) at that site, Defendant B was able to operate a restaurant at that site; (c) in lieu of Jincheon H site, Defendant B was able to run the restaurant at that site.

In this regard, the operator of the existing restaurant is KRW 5 million under the pretext of the price of the collection of goods, such as premium and the kitchen goods.

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