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(영문) 서울서부지방법원 2014.12.09 2013고단1609

사기

Text

A person shall be punished by imprisonment with prison labor for not less than 6 months for a crime of No. 2 in the judgment of the defendant, and by imprisonment for not more than 4 months.

(b).

Reasons

Punishment of the crime

On January 30, 2009, the Defendant was sentenced to a suspended sentence of 8 months in Seoul Western District Court, which was sentenced to 2 years of imprisonment for fraud, and the said judgment became final and conclusive on February 7, 2009.

1. On October 27, 2010, the Defendant, “Around October 27, 2010, the 2013 Highest 1609,” concluded a false statement that “Around the Jeju-gu Seoul Gangnam-gu Seoul Metropolitan Government Office, the competent creditor bank, intended to acquire an unsold apartment unit for 228 households in Ulsan Metropolitan City F apartment units, and secured the aforementioned unsold apartment units to the people, so that only the financing problem can only be resolved, a large profit can be earned through resale. If the Defendant borrowed the money from the bond company but borrowed the money to be paid as the first person, then the Defendant would either pay 60 million won by November 15, 2010, or offer the right to sell it by proxy (the right to sell it by proxy if a person who would be entitled to buy it waives the sale).”

However, in fact, since the defendant was not infinite to acquire an unsold apartment unit because he was not in progress with a specific consultation with the Daewoo Construction Credit Bank, the defendant did not have the intention or ability to pay 60 million won to the victim up to November 15, 2010, and there was no ability to grant the right to sell the apartment unit as a sales agency due to the lack of an agreement with G et al. which is the investor.

On October 23, 2010, the Defendant received 28 million won and 7 million won around November 10, 2010, respectively, from the victim as the borrowed money, and acquired 35 million won in total. < Amended by Presidential Decree No. 22426, Oct. 23, 2010>

2. On July 11, 2007, the Defendant of Seocho-gu Seoul High Court Decision 2014Da1711 decided July 1, 2007, “Around July 11, 2007, the Defendant completed the construction of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building of the building in

All documents that can receive the completion of a building are prepared, and when the completion permission is granted, it is necessary to obtain a loan of financial rights immediately.

If the appraisal cost is 25 million won or more, the financial right is loaned.