beta
(영문) 의정부지방법원 고양지원 2014.06.12 2013고단1489

사기

Text

1. Defendant shall be punished by a fine of KRW 10,000,000;

If the defendant does not pay the above fine, 50,000 won.

Reasons

On November 7, 2013, the Defendant was sentenced to 8 months of imprisonment with prison labor at the District Court for fraud, which became final and conclusive on January 23, 2014.

1. On March 12, 2009, the Defendant, at the Defendant’s office located in the second floor of Mapo-gu Seoul Mapo-gu Seoul Mapo-gu Seoul building, planned to acquire the “Seoul Yeongdeungpo-gu F building” from the victim E, along with D. If the Defendant invested KRW 52 million, the Defendant said that the Defendant would pay KRW 30 million in return for the share of the building after the acquisition of the building, and pay KRW 50 million in return for the lease or sale of the building and the payment of KRW 50 million in return for the profit.

However, on April 25, 2007, the Defendant drafted a letter of intent to purchase the above building with an intention to acquire KRW 20 billion, but on June 22, 2007, the Defendant failed to pay the down payment of KRW 2 billion on or around June 22, 2007, and the said letter of intent to purchase was reversed on or around March 2009 (round the time of soliciting investment to the victim). At the time, the Defendant’s property was about KRW 30 million and there was no way to prepare the remainder of the investment money, and there was no intention or ability to acquire the above building.

Nevertheless, on March 12, 2009, the Defendant: (a) by deceiving the victim; (b) had the victim deliver KRW 30 million in the name of G (victim’s wife); and (c) 22 million in the name of H (victim’s wife) around March 27, 2009, respectively, to a certain accounting employee; and (d) acquired by defrauding 52 million won in total.

2. On March 23, 2009, the Defendant plans to undertake the "Seoul Yeongdeungpo-gu F building" to the victim I at the places described in paragraph 1, D, and the victim I at the location described in paragraph 1.

If an investment of 10 million won is made, 30 million won shall be paid in return for the share of the building after taking over the building, and 17.5 million won shall be paid in return for the lease or sale of the building.

The phrase “assumed.”

However, on April 25, 2007, the Defendant drafted a letter of intent to purchase the above building at KRW 20 billion, but failed to pay the down payment of KRW 2 billion around June 22, 2007. < Amended by Presidential Decree No. 21358, Mar. 2, 2009>