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(영문) 서울중앙지방법원 2012.07.05 2012고단1771

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operates C.

On May 16, 2008, at the E coffee shop located in Gangnam-gu Seoul Metropolitan Government on the date of May 2008, "If the Corporation has promoted "H development project" to the victim G through its father, "If it is expected that the Corporation will begin, it will pay the above construction works and operate the restaurant with the principal as well." On June 16, 2008, the defendant directly told the victim as above, and at the above coffee shop, the defendant was remitted from the victim as above. < Amended by Presidential Decree No. 20775, May 30, 2008; Presidential Decree No. 20680, Jun. 48, 2008; Presidential Decree No. 20680, Jun. 13, 2008; Presidential Decree No. 20067, Jul. 1, 2008; Presidential Decree No. 20620, Aug. 6, 2008>

However, in order to promote the above H development project, it is necessary to obtain the designation of the special tourist zone from the competent authorities such as Jeju-gun and obtain the permission, and to guarantee the completion of the construction project.

At the time, the Defendant entered into a so-called “H development project business agreement” with the two companies, and sought a guarantee for completion of liability from the said companies. However, the said agreement was merely a letter of understanding for business cooperation, and the said agreement was concluded in order for two companies in China and China to enter into a construction contract with the Defendant and to provide a guarantee for completion of liability, the Defendant first obtained the designation of special tourist zones and the permission from the competent authorities.

Ultimately, since the Defendant could not fulfill his obligation to perform his line under the above agreement, the Defendant was unable to cancel H development projects from the beginning and did not have the ability to operate the restaurant with the victim as a box of the project site.

In addition, since the defendant had been liable for 90 million won, the defendant did not have the ability to repay the money borrowed from the victim unless the H development project is sex.

Ultimately, although the Defendant did not have the ability to operate the restaurant or to repay the borrowed money, the Defendant deceivings the victim as above, thereby inducing the victim to total KRW 19.4 million.