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(영문) 서울남부지방법원 2012.12.20 2011고합402

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, while operating the “F” (hereinafter referred to as the “F”), implemented the Urban Residential Housing Construction Project for the land outside G and 26 lots in Dongjak-gu Seoul Metropolitan Government.

Around March 4, 2010, the Defendant made a false statement to the effect that “Around March 4, 2010, the Defendant would receive a loan of KRW 2 billion out of the land price within three months from the construction company and the bank, and thus, receive a loan from the victim K to the effect that “A redevelopment project is conducted with respect to 26 parcels outside the Seoul Dongjak-gu Seoul Metropolitan Government G while operating the city event, but there is a lack of land and building purchase funds within the project area.”

However, at the time of the lack of funds, the Defendant was unable to receive a payment guarantee because the redevelopment project, such as the purchase of land, was not in compliance with the construction company and construction conditions, and did not have to obtain a payment guarantee within three months from the financial institution. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money in accordance with the agreement.

Around March 4, 2010, the Defendant, by deceiving the victim as such, received KRW 500 million from the victim as a new bank account (Account Number: L) in the name of J from March 4, 2010, and acquired KRW 628 million in total through the above I on the 5th day of the same month, and acquired KRW 1128 million in total.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of the witness K, M, and I;

1. The legal statement of K witness in the second protocol of the trial;

1. The witness I's legal statement in the third protocol of the trial;

1. Legal statement of witness N in the fourth protocol of the trial;

1. Legal statement of a witnessO in the fifth trial record;

1. Legal statement of witness P in the seventh trial records;

1. Legal statement of witness M in the ten-time protocol of the trial;

1. Examination protocol of partial public prosecutor A (2 times, 2 times, and 5 times);

1. A loan, a notarial deed, a written agreement, or a written agreement;