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(영문) 인천지방법원 2019.01.17 2018고단5728
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

Reasons

Punishment of the crime

【Criminal Power】 On January 25, 2017, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Southern District Court, and completed the execution of the sentence on July 26, 2017.

【Criminal Facts of Crimes】 On November 2011, 2017, the Defendant: (a) requested a construction company, the representative of the “C-won Housing Construction Corporation 248 New Construction Project,” which is a “C-won Housing Construction Project Co., Ltd.,” to operate a sobrying restaurant in the construction site, “a cafeteria (hereinafter referred to as a “soba restaurant”)” with his/her friendly dong in the Guroposia, and obtained the right to operate the said restaurant at the construction site.” (b) demanded the Defendant to grant his/her right to operate the restaurant. (c) he/she received from E the “Contract for Operation of the cafeteria at Construction Site” and obtained the right to operate the restaurant at the construction site.

Since then, on December 2017, the Defendant: (a) at a restaurant operated by H in the G Stopter located in F in the Haju-si, Chungcheongnam-si; (b) the victim I had the right to operate the said restaurant; (c) the sales of at least KRW 2,000 per day average of KRW 1,000 per day have occurred when operating the boper restaurant; and (c) the amount of KRW 6-70,000 may be punished by a total of at least KRW 6-70 million when operating the brine restaurant during that period; (d) the Defendant demanded the return of the brine transfer proceeds if the commencement of the business would be smooth for at least one month. On that occasion, the Defendant would return it without delay. The Corporation immediately take over the right to operate the brine as soon as possible.

However, at the time of fact, the “C Electric Complex Construction Project” was scheduled to sell 14 households among the total 233 households of electric power plant, but it was unclear whether the sale of electric power plant units would normally proceed with the construction work because the sale of electric power plant units would not take place. In addition, the number of human resources invested in the construction work at the above construction site is about five, and there was no brin restaurant operation plan from the standpoint of the construction contractor.

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