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(영문) 광주지방법원 2018.02.09 2017고합332

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2017 Gohap 332"

1. A violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against victim D;

A. On August 23, 2013, the Defendant acquiring financial profits equivalent to the remainder of real estate, at the FSB office located in Ulsandong-gu, Ulsandong-gu, the Defendant, “If the land and buildings of FS Holdings are transferred in his/her name, he/she constructed the main apartment on the same page, and the Defendant would pay the remainder of KRW 1.4 billion to one household of the apartment unit of 34 square meters and the commercial building of 70 square meters.

“False speech was made to the effect that it was “.”

However, in fact, the defendant, without any particular property at the time, borrowed the money of KRW 80 million to KRW 1 billion from the neighboring people and started the apartment project, and the defendant started the apartment project, and there was no specific plan or response to financial rights to whether it is possible to normally carry out the apartment project because there was no intention or ability to pay the balance to the victim even if the above real estate is transferred to the injured person.

Ultimately, the Defendant: (a) by deceiving the victim as above; (b) obtained registration of the transfer of ownership on the site and ground buildings of 1,112.6 square meters in the above E around August 28, 2013 from the injured party; and (c) did not pay any balance of KRW 1.4 billion; and (d) acquired property benefits equivalent to the said amount.

B. On August 25, 2014, the Defendant shall obtain money from the Defendant by deceptioning KRW 80 million until October 30, 2014, with the victim’s wife-nam H management of the victim D located in Ulsan-gu, Ulsan-gu, Seoul-gu, Seoul-gu, that “on the face of lending KRW 80,000,000,000 as business funds are required” to the victim’s head of the I Party.

“False speech was made to the effect that it was “.”

However, the defendant did not have the ability to conduct the apartment project normally as above, and the apartment project is implemented by borrowing the money of KRW 80 million to KRW 1 billion from the surrounding persons without any particular property.