beta
(영문) 서울남부지방법원 2018.01.17 2017고단350

사기

Text

Defendant

A Imprisonment with prison labor for two years, for eight months, for Defendant C, and for six months, for each of six months.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

A was sentenced to six months of imprisonment for fraud at the Seoul Western District Court on June 26, 2008, and on August 26, 2008, the Seoul Western District Court terminated the enforcement of the sentence at the Seoul Southern Southern District Court on August 26, 2008.

Defendant

C On November 18, 2015, the Seoul Central District Court was sentenced to one year of imprisonment for fraud and two years of suspended execution, and the judgment was finalized on April 11, 2016.

Defendant

D On August 25, 2011, at the port branch of the Daegu District Court, a person was sentenced to two years of imprisonment with prison labor for a violation of the traffic law (drinking driving), etc., and the judgment was finalized on September 2, 2011. On June 10, 2015, he/she was sentenced to six months of imprisonment with prison labor for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents, etc., and the judgment became final and conclusive on September 4, 2015.

On April 22, 2011, the Defendants leased KRW 50 million to the victims G on April 22, 2011, “The construction of the Dong-dong Housing at the 2017 Goo-dong, Mapo-gu, Seoul.” to the victims G by September 20, 201, the Defendants leased KRW 50 million to place an order for the construction of the Dong-dong Housing.

“.......”

However, in fact, Defendant B did not carry out the above construction, did not have the ability to place an order for the construction work, and did not have any intent or ability to pay the money from the injured party even if he borrowed money.

As above, the Defendants conspired to induce the victim, and received 38 million won by cash and check from the victim on the same day, and Defendant B received 12 million won by deposit with the new bank account (H) of Defendant B, and acquired 50 million won in total.

On March 3, 2011, the Defendants stated that “The Defendant would pay KRW 200 million up to June 30, 2011, if he/she lends KRW 100 million to the victim G to a restaurant near the new village located in Mapo-gu Seoul, Mapo-gu, Seoul, for the implementation of a new construction of a complex in the first week around the Busan Civil Park.”

However, in fact, the project can resume after the suspension of the project since 2008.