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(영문) 의정부지방법원 2015.07.09 2014고합231

특정경제범죄가중처벌등에관한법률위반(사기)

Text

Defendant

A Imprisonment for three years, Defendant B shall be punished by a fine of two million won, and Defendant E shall be punished by a fine of one million won.

Reasons

Punishment of the crime

[Criminal Power] On September 25, 2009, Defendant A was sentenced to a suspended sentence of five years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the District Court of Jung-gu on September 25, 2009, and the sentence became final and conclusive on November 24

【Criminal Facts】

1. On April 26, 2009, Defendant A (2014 high-scale 231) made a false statement to the effect that “B would complete the external construction work and complete the construction work in total KRW 2.3 billion upon the conclusion of the construction contract with the representative director of the U.S., a building company, and the construction contract, to the victim who tried to build a restaurant on each land at the restaurant operated by the victim R in Q in Yeongdeungpo-gu Seoul, Yeongdeungpo-gu, Seoul, as well as the victim who tried to build a restaurant on each land on each land of Yeongdeungpo-gu S and T.

However, in fact, the Defendant was under bad credit standing and was unable to register the Defendant’s wife South Korea as the representative director of U.S., and the Macheon-si V Development Corporation, etc., which the Defendant continued, did not proceed with normal business such as being accused of fraud from creditors due to financial shortage, and even if he received money from the victim, he was planned to use the money for other construction sites than the new restaurant of the victim. Therefore, the Defendant did not have the intent or ability to construct a restaurant for the victim as agreed.

After all, the Defendant, from the victim at the end of the foregoing false statement, KRW 50 million in cash as contract deposit in the same place, and the same year.

5. 14. A check shall be delivered in the form of 200 million won at the purchase cost of the construction materials, and the same year.

6.2. The Victim’s wife provided each land as security to the Macheon-si, the Dobcheon-si, the Dobcheon-si, and T, and transferred the amount of KRW 885,093,506 to the Defendant’s wife X’s account over three occasions, and acquired the Defendant’s total amount of KRW 1,585,093,506.

2. The real estate held by Defendant B and E (2014, 435).