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(영문) 서울중앙지방법원 2017.11.10 2016고단2272 (1)
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

On June 11, 2014, the Defendant was sentenced to a suspended sentence of ten (10) months of imprisonment for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on October 29, 2015.

The defendant of "2016 Highest 2272" conspireds to acquire money by borrowing the right to operate the restaurant as the representative director of the corporation B, and T, the marketing planning director of the corporation.

The Defendants conspired to the effect that, on December 2012, the above office located in Q Q in Seo-gu, Seocheon-gu, Seocheon-gu, 2012, “The Defendants will acquire a restaurant operating right by making it known as an advance payment of KRW 300 million to the victim BM.” The Defendants were false to the effect that “it is believed that all the authorization and permissions have been completed and model Epis have been completed, but this Corporation will begin construction at H, but it will begin construction at the same time as the sale in lots from the end of February or the end of March, and from the end of March to the end of March, 2012.”

However, the above company was notified of the cancellation of a sales contract on November 16, 201 due to the reason that it had concluded a purchase contract with the Korea Land and Housing Corporation around 2007 on the apartment site, but it failed to pay the purchase price, and even if it received money from the damaged party due to the lack of the authorization and permission, it did not have the intent or ability to transfer the right to operate the restaurant like the agreement.

In collusion, the Defendants received KRW 200,000 from the victim to the AH bank passbook in the name of corporation B on December 3, 2012, by deceiving the victim as such, under the pretext of the transfer of the right to operate the restaurant from the victim.

"2017 Highest 809" Defendant: (a) around April 2012, at the cost of the studio construction work with the size of 5 stories above the 90,000,000 won and 19,905,000 won in the victim’s BP bank account in the name of the victim; and (b) the cash card issued by the victim for the said money on April 13, 2012, the Defendant kept the said money for the victim.

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