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(영문) 서울중앙지방법원 2014.04.18 2014고단26

사기

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 20, 2013, the Defendant was sentenced to three years of imprisonment for a crime of fraud at the Seoul Central District Court, and the said judgment was finalized on May 9, 2013. On September 27, 2013, the said judgment became final and conclusive on November 22, 2013, by being sentenced to imprisonment with prison labor for a crime of fraud at the same court on September 27, 2013.

The defendant is the representative director of C corporation.

On July 1, 2008, the Defendant made a false statement to the victim E in Seoul Special Metropolitan City, Seoul Special Metropolitan City D Building 402, stating, “The Seoul Special Metropolitan City Housing Association shall execute redevelopment projects implemented in the Dongjak-gu 3 Dong 176 Dong Dong 176 Dong, Dongjak-gu, Seoul Special Metropolitan City Housing Association, with payment of KRW 35 million, the Defendant will give the right to sell the apartment bonds and return twice the amount received after two years if he/she wishes to move into the zone.”

However, in fact, the above association did not have been established only with the application for authorization of establishment, and it did not obtain the consent of 2/3 of the association members in order to grant the status as the union members to the victim. The defendant did not have the intent or ability to provide the victim with the right of sale by giving the status of the association members and giving the victim the status of the association members. At the time, C entered into a business promotion statement on the condition that the establishment promotion committee of the Greencheon Regional Housing Association and the promotion committee operating expenses, expenses for authorization of establishment, expenses for authorization of establishment, project expenses were first invested, but it did not have the intent or ability to properly pay the principal and interest even if the funds were invested by the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 35 million won from the victim to the account in the name of Han Bank in C Co., Ltd. on the same day.

Summary of Evidence

1. The defendant's partial statement 1.1.