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(영문) 대구지방법원서부지원 2020.08.27 2018고합168
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

However, the execution of the above punishment shall be suspended for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around June 2012, the Defendant “2018 Gohap168” means that “A victim C, who operates B corporation at a coffee shop located in the south-gu port through viewing of the Pohang-gu, Chungcheongnam-gu, Seoul, would be entitled to receive permission from the owner of the business or high-rise, who has the right to operate the Pohang-gu D Corporation and E Corporation. To receive the above construction work, the owner of the business or high-rise would have to pay expenses to the owner of the business or high-rise, and there is a difference between the cost and the cost.” At that time, the victim and the proxy of the victim would be entitled to receive the said construction contract or the construction contract between H corporation representative director I and H corporation representative director I in the order of the agreement concluded between H corporation representative director I, the representative director of the corporation and the “N corporation,” and the “representative director of the corporation and the “M1,” and the Defendant could receive the said construction contract or the instant construction contract between the owner and the Defendant.”

However, the Defendant did not appear to have been individually aware of the content of the business, and did not know about the actual implementation of the business or the authenticity of documents. Thus, there was no authority to conclude a contract with regard to DD Corporation and E Corporation or to have it executed construction work. Even if the Defendant received money from the victim on May 7, 2010, he did not think that the Defendant would be used for personal purposes, such as the purchase price of real estate, which entered into a sales contract on May 7, 2010, and did not have any intent or ability to use it for street funds, etc. related to the business.

As above, the Defendant, by deceiving the victim as above, received KRW 50,000,00 from the victim who was under his control on June 29, 2012.

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