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(영문) 서울중앙지방법원 2016.06.23 2014고단9781
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six 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

On September 26, 2013, the Defendant was sentenced to two years of imprisonment for the crime of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Embezzlement) at the Seoul High Court on September 26, 2013 and the said judgment became final and conclusive on December 12, 2013.

around November 2008, the Defendant, at the office of the Defendant, located in Seocho-gu Seoul Seocho-gu Seoul Metropolitan Government, received KRW 00 million from the victim C, who is a senior frighter in the E office, “F development project, is well-known with H and I of G Vice-Chairperson Co., Ltd. operating the F development project, and receives KRW 00 million by providing a great help to frightate the contract to implement the development project.

H referred to the purport that “the activity cost is changed as a result of the construction site of the development project to reduce the exclusive operation right of the restaurant and the gas station.” In particular, around July 201, the victim made a business trip with I to the two vice-chairpersons.

From 200 to 50 billion won in F development project investments, 10 billion won in H has been left.

The Defendant received KRW 00 million from H among them.

In order to clean money to be received from H, separate corporations should be established, and activity expenses and establishment expenses of corporations should be necessary.

“.........”

However, even if the Defendant received the money from the injured party for activity expenses, etc., the Defendant did not have the intent or ability to have the injured party receive the right to operate the restaurant and the exclusive restaurant at the construction site of the F Development Project, and there was no intention or ability to return the money that the Defendant received as activity expenses, etc. to the injured party due to the financial failure of the Defendant.

Nevertheless, on June 18, 2009, the defendant was a driver of the defendant from the injured person.

J received KRW 3 million from the account in the name of the J, and from around that time to September 18, 2012, a total of KRW 345,580,000, as shown in the list of crimes, was delivered as activity expenses, etc., to the victim by deceiving him/her.

Summary of Evidence

1. Part of the defendant;

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