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(영문) 의정부지방법원 2018.01.29 2017고단3593
사기
Text

Defendants shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

Defendant

A on April 12, 2007, sentenced 10 months to imprisonment with labor for a violation of the Labor Standards Act in the Sungnam Support of Suwon Friwon, and was provisionally released on January 30, 2008, and the remaining term of imprisonment has expired on February 10, 2008.

around May 26, 2008, the Defendants acquired G Co., Ltd. from H, the actual operator of the interest of the former representative director of G Co., Ltd., and Defendant A was the president, and Defendant B was the president.

1. On April 2008, Defendant A intends to take over a G stock company with mining rights from the victim I to take over the building design office located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seoul Metropolitan Government.

To do this, 50 million won should be paid within 6 months after permission to collect earth and stones, and 90 million won should be paid again after 6 months after the permission to collect earth and stones.

The permission of collecting earth and stone can be obtained immediately.

On May 26, 2008, the Defendants provided an explanation to the same effect to the victim L, who is the victim I and I, in the Seoul branch office of the Seoul branch office of the Gangnam-gu Seoul branch office, which is located in Jtel, and drafted the “Agreement on the Collection of Mining Rights and Earth and Stone”.

However, H only owned a part of the mining right under the name of an individual, and M became a joint owner of the mining right, and even if M acquired G stock company from H due to the occurrence of a dispute over the mining right, it was not possible to obtain permission to collect earth and stones within six months and to make profits from collecting earth and stones.

The Defendants received from the victims the total sum of KRW 470 million on May 27, 2008 and KRW 470 million on June 10, 2008 as Defendant A’s national bank account.

As a result, the Defendants conspired to induce victims to receive goods.

2. On June 2008, the Defendants acquired the right to transport soil and sand from Incheon O to victims I and L at the G office located in Songpa-gu Seoul N, Songpa-gu, Seoul.

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