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(영문) 서울중앙지방법원 2015.10.02 2015고단2631

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for eight months and by imprisonment for four months.

, however, the defendant from the date of this judgment.

Reasons

Punishment of the crime

In a situation where there is no particular import, the Defendants were aware of the removal project related to H apartment reconstruction in Suwon-si, while seeking a introduction fee by introducing real estate investment cases to the victim G and coloring the subject of the investment.

At the time, the basic procedures necessary for the promotion of the project, such as authorization of the establishment of the association and approval of the business plan, have not been implemented, and if the residents live in and move to, the large amount of relocation cost is required, but there was no possibility of removal in the short period due to the lack of the cost.

On the other hand, although the Defendants did not check at all about the scheduled establishment of H apartment reconstruction association, approval of the project, and the expected removal of the apartment building, they did not confirm the possibility of the business and the anticipated short-term realization, the Defendants conspired to receive introduction expenses by using the fact that I lent KRW 100 million to the victims and them as if they were the same church and the success of the usual business with the defendant A, who had a high trust in the defendant A, was trying to believe and make an investment.

Defendant

At the K school conference located in the Hannam-siJ on January 2012, 201, A discussed the victim and I to the effect that “The removal will begin within three months in the situation where the approval for the re-building project was obtained. A has the right to implement the re-building project development. If the payment of KRW 100 million is made in advance, the victim and I may obtain profits of KRW 3-400 million through the future removal services.”

In addition, it is true that the deposit requested by the KCAB development side is more than KRW 50 million, and the remainder of KRW 50 million was intended to have been divided by the Defendants, but Defendant A itself did not have divided the introduction fee.