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(영문) 서울중앙지방법원 2017.05.31 2016고단9173
사기
Text

Defendant

A Imprisonment with prison labor for eight months and for six months, respectively.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Defendant

On February 6, 2015, A was sentenced to a suspended sentence of ten years for the crime of forging private documents at the Daegu District Court on the 14th of the same month and the said judgment became final and conclusive.

1. Defendant A, who is an executor of the D D Corporation located in Bupyeong-gu Incheon Metropolitan City, was a person who vicariously executes the said D Corporation’s business, and was in short of funds for the said agency business, was willing to receive KRW 50 million in return for granting the right to operate the said cafeteria to the victim G who became aware of through B.

B upon receipt of a request from the Defendant to conclude a contract for the operation of the restaurant with the victim on July 31, 2014, B would allow the victim G to operate the restaurant at the French coffee shop located in Bupyeong-gu, Incheon around July 31, 2014.

“............”

8.5. The defendant will allow the victim to operate the restaurant at the D construction site around the time of the prosecution.

“.........”

However, in fact, in order for the victim to operate a restaurant, the public corporation should commence, but at the time, the private E and F corporation did not prepare approximately KRW 23 billion for the D Corporation's acquisition capital, and it was not a situation where the PF loan could not be granted because it was impossible to select an additional construction work, so there was no intention or ability to operate a restaurant even if the victim receives money from the victim.

The defendant deceivings the victim as above, and is an account in the H name designated by the defendant for the same day from the damaged person. The defendant is an account in the H name of the defendant.

8.5. around 35 million won was remitted in total to the above account, such as the transfer of 35 million won to the above account.

2. On July 31, 2014, Defendant B told the victim G to the effect that “in order to operate a brine restaurant, the 20 million won should be changed to the persons related to the construction,” the Defendant stated to the effect that “in order to operate the brine restaurant, the 20 million won should be changed.”

(b).

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