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(영문) 광주지방법원 장흥지원 2017.12.21 2017고단173

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant “F Office operated by the Victim E on the first floor of the D Building in Gwangju Mine-gu, Seoul Special Metropolitan City on April 2015, 2015,” and the Defendant “the 2017 Highest 173 Defendant is running an apartment construction project.”

On the face of lending the investment cost for apartment, up to November 5, 2015, 28 square apartment bonds will be sold in lots, and if it is not sold, 2 times the principal will be repaid.

“Falsely,” and written the same content at the same place as on May 6, 2015, “Agreement on Trade in New Apartments” and “a certificate of borrowed money”.

However, in order for the defendant to carry out the above enforcement project, he was required to deposit the down payment of the land amounting to 5.5 billion won in the bank, and at the time, the defendant did not have any way to provide the down payment, so even if he received the above loan from the injured party, he could not sell the apartment to the injured party by carrying out the above business, and there was no intention or ability to return the borrowed money received from the injured party as no property exists

Around May 7, 2015, the Defendant deceivings the victim as above and was delivered KRW 120 million to the new cooperation account under the Defendant’s name from the victim.

"2017 Highest 186"

1. On May 6, 2015, the Defendant made a false statement to the victim at H restaurant located in Gwangju-si, stating that “The Defendant would be the representative of I immediately in the city of Gwangju, and will build and implement new apartment units in the North-gu, Gwangju-gu, Gwangju-si, and that, immediately, if the construction permission is granted, would allow the Defendant to operate the house at the site of new apartment construction at the site of new apartment construction.”

However, in order to carry out the above enforcement project, the defendant should deposit the down payment of the land amounting to 5.5 billion won in the bank, and at the time, the defendant did not prepare the down payment, so even if he received the down payment from the injured party, he would like to proceed with the above project, such as obtaining a building permit, and gather it to the victim.