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(영문) 서울중앙지방법원 2017.05.17 2016고단7629
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On June 7, 2016, the Defendant was sentenced to four years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court, and the judgment became final and conclusive on February 17, 2017.

[2] On April 1, 2015, the Defendant: (a) at the office of “D” in the Defendant’s operation of the Defendant, which was located in Seosan-si, Seosan-si; (b) decided to supply or lease 100 camping cars to the Haju Military Administration in order to hold “2015 Camping Games” to the victim E; and (c) upon completion of the Games, the Defendant agreed to obtain the right to operate the camping hall for a period of ten years from the Haju Military Administration.

In addition, China's nationalization group intended to purchase 200 camping car.

In that sense, there is a difference in investment because the company's financial situation is not good, so it could not proceed with the business. Accordingly, the case where a joint venture company (SPC) established a joint venture company to carry out the business of manufacturing and selling camping car together with the business of manufacturing and selling it, and to deliver it to the Haju Gun Office and the king group, which divided the profits into KRW 65 million per unit.

However, in fact, the Defendant did not have concluded a contract for the supply of camping car or a rental contract with the head of the Synju Gun or the Organizing Committee of the 2015 United Kingdom of Synish War. There was no fact that the Defendant entered into a contract for the supply of camping car with the Kukkiwon Group.

In addition, even if the Defendant did not have human resources and technical capabilities to produce camping cars themselves, and received money from the damaged party due to lack of experience in self-production and sales harmful experience, the Defendant did not have the intent or ability to distribute the above profits to the victim or to carry out the camping production and supply business.

The defendant deceivings the victim as above and received on April 13, 2015 KRW 35 million from the victim to the bank account in the name of F.

Summary of Evidence

1. Entry of a defendant in part in the protocol of second public trial;

1. A witness E and G.

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