(영문) 서울중앙지방법원 2012.11.02 2012고합1225

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(영문) 서울중앙지방법원 2012.11.02 2012고합1225

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. The crime against the victim C [the crime of violating the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)] was committed by the defendant as the representative director of D, a real estate development business company, and the victim C, which was operated by the victim C, around December 24, 2002, the victim made a false statement to the effect that the new apartment construction work commences on March 3, 2003 to April 4, 2003, that "in Korea, the victim promoted the apartment construction project with the scale of 4,562 households in the G district in Gyeonggi-do, while the new apartment construction is commenced at the victim's office operated by the victim C, which was operated by the victim C, around December 24, 2002.

However, at the time, the Defendant obtained the business consent from the neighboring residents of the above project site, but the competent administrative agency clearly opposed to the above project implementation due to the difficult development, and the Defendant did not have any sufficient reason to request a construction permit from the competent administrative agency. Therefore, even if the Defendant received the money from the victim as a security deposit for the sale agency, it is only paid for the business expenses of the company, and there was no intention or ability to exercise the right to sell the money by proxy or return the said money.

As such, the Defendant, by deceiving the victim C, received KRW 500 million from the victim immediately.

2. Around October 31, 2005, the Defendant introduced the Defendant as the special assistant officer of the National Assembly member as the Defendant’s member of the Republic of Korea, at the ice room in Gangnam-gu Seoul International Hotel (Fraud) and the victim H as the Defendant’s member of the J around 2005, the Defendant made a false statement to the effect that “I would pay 30% of the profits when I lent working expenses necessary for exchange to the Japanese government.”

However, the facts were possessed by the defendant at the time.

참조조문

-특정경제범죄 가중처벌 등에 관한 법률

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