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(영문) 수원지방법원 안산지원 2018.12.13 2018고합295

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Criminal facts

1. On July 2003, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) is proceeding with the victim E in the office of the D Co., Ltd. located in Ansan-si, Seoul Special Metropolitan City, the third underground floors, G commercial buildings and officetels with the 11th floor above the ground level (hereinafter “the instant officetels”).

When making an investment in the above project, the profits corresponding to the invested principal will also be paid when the sale is completed as well as the principal.

1. As seen, the Plaintiff made a false statement to the effect that the Plaintiff was “.”

However, the Defendant was suspended from the instant officetel construction from May 202 to the end of that year due to the Plaintiff’s use of the officetel’s construction cost to other construction works, and the Plaintiff had difficulty in procuring the construction cost thereafter. On March 11, 2003, the Defendant borrowed the instant officetel’s payment from J around March 1, 2003, and set up a right to collateral security equivalent to the maximum amount of KRW 3.9 billion on the instant officetel’s instant officetel’s site. Moreover, due to the shortage of the construction cost, the Defendant appropriated the sales price received from the contracting parties as the construction cost, and thus, there was no intent or ability to guarantee the principal and the profits to the victim upon completion of the sale as agreed.

Nevertheless, the Defendant deceiving the victim and received KRW 5,520,625 on July 23, 2003 from the injured party, as well as from the time until October 29, 2003, stated in the instant indictment of KRW 546,478,750 in total eight times, such as the time table of crime (1) as in the previous indictment of this case, “526,958,125 won,” but it appears to be a clerical error due to an error in the calculation.

was issued by the Corporation.

2. Fraud;

A. On July 2, 2003, the Defendant attempted to build a commercial building on the land of Chungcheongnam-gun L, Chungcheongnam-gun, Chungcheongnam-gun, in the office of the said D Co., Ltd. around July 2, 2003.

By December 10, 2003, the completion of the commercial building can be completed, and the commercial building can be completed.