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(영문) 인천지방법원 2016.02.04 2014고단3048
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 142,500,000 won to the applicant through fraud.

Reasons

Punishment of the crime

[criminal record] On July 26, 2007, the defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Incheon District Court on October 26, 2007, and the judgment became final and conclusive on August 3, 2007. On December 16, 2009, the Incheon District Court sentenced the imprisonment of four years for a crime of fraud, etc., and the judgment became final and conclusive on July 8, 2010.

[2] The Defendant operated G Co., Ltd. (formerly, H Co., Ltd.; hereinafter “G”), which is engaged in urban improvement projects, etc., and I (Death on March 31, 2010) used the position of the president of G while engaging in business activities such as construction orders.

Around June 2007, the Defendant and the Defendant conspired to acquire money by deceiving F as if he could have the right to operate the said restaurant even though G had not been able to operate the “the sand gathering site from J members of Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.” Since G was also unable to implement the G apartment and M apartment reconstruction project, it was also impossible to implement the said project. Therefore, even if the victim F did not have the right to operate the restaurant in each of the above fields, he/she could not have the right to operate the restaurant as if he/she could be entitled to operate the restaurant.

I made a false statement to F at any place N of Yeonsu-gu Incheon Metropolitan City on June 2007, stating that “If a restaurant is a cafeteria, a lot of profits arises, and as a sand gathering site located in the Chungcheongnam-gun, Chungcheongnam-gun, the start of August 30, 2007, I would be able to comply with the right to operate the restaurant.”

I, on June 7, 2007, 2007, sent money to the G office located in O 225 of the Incheon Nam-gu, Incheon, to the defendant, and the defendant stated to the effect that "I will transfer money to F in accordance with the right of operation of the cafeteria if I will transfer money to F in accordance with the construction site of the 16 construction site across the country, the construction site of the Republic of Korea will be located, the right of operation of the cafeteria will begin at the end of September 2007."

As above, the Defendant, as seen in I, deceiving F from F to F, was KRW 90 million from F to the Agricultural Cooperative Account ( Q) in the name of the Defendant on June 7, 2007, KRW 10 million to the same account on June 29, 2007, and KRW 40 million to the same account on July 2, 2007.

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