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(영문) 서울중앙지방법원 2018.09.14 2016고단5165
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

All applications filed by applicants for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant, as the CEO of the Company E in Songpa-gu Seoul Metropolitan Government, was in charge of the business balance analysis and start-up process, and planning business related to incidental projects, filed an appeal for lack of funds in the course of promoting G apartment reconstruction improvement project for more than 10 years from the FF Chairperson of the said Company E (Death around June 2013). The Defendant thought that he would have the right to operate the restaurant at the site of the reconstruction construction site, thereby raising funds.

The defendant around January 2013, the defendant is the vice president of the victim He Co., Ltd. who is the vice president of the victim He Co., Ltd. at the above office E Co., Ltd., and the E Co., Ltd., who is the vice president of

In February, since the management assembly is selected by the public corporation immediately after the opening of the public works in 2013, it will be responsible within this year and the right to exclusively operate the restaurant.

First of all, 100 million won was given, and later, 400 million won was changed if a construction project is selected.

However, in fact, the above G apartment housing renovation project was being conducted by the G apartment reconstruction association of which the establishment was authorized by the Seoul Metropolitan Government on June 12, 2003, and the lawsuit seeking invalidation of the above establishment authorization that was filed by E et al. against Seoul Metropolitan Government was finalized in 2012, and the above E et al. did not have any authority or status with respect to G apartment reconstruction and rearrangement project. In addition, since the defendant only used the CEO office, and did not have any real authority, even if he was paid money from the injured party, he did not have the intent or ability to have exclusive right to operate the restaurant at the site of G apartment reconstruction project within 2013.

Nevertheless, the defendant deceivings the victim as above, and 20 million won as the down payment on January 25, 2013 from the victim, and 80 million won as the same date on February 6, 2013.

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