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(영문) 서울중앙지방법원 2019.09.26 2017고단7515

사기등

Text

Defendant

A Imprisonment with prison labor for one year and six months for the crimes set forth in Section 2 of the ruling, and one year and six months for the crimes set forth in Section 1 of the ruling.

Reasons

Punishment of the crime

Defendant

A On November 9, 2012, the Seoul Central District Court sentenced a suspension of execution of six months of imprisonment with prison labor for fabrication of private documents at the Seoul Central District Court on February 2, 2013.

Defendant

B On November 9, 2012, the Seoul Central District Court was sentenced to one year of suspension of the execution of six months of imprisonment due to the charge of forging private documents, etc., and the judgment became final and conclusive on February 2, 2013.

Defendant

C On August 25, 2008, the Seoul Eastern District Court sentenced four months of imprisonment for the crime of forging securities, etc. and completed the execution of the sentence on November 29, 2009 at the Seoul Eastern District Court. On November 9, 2012, the Seoul Eastern District Court sentenced six months of imprisonment for the crime of forging private documents, etc. on March 29, 2013, which became final and conclusive on January 17, 2019, and the judgment became final and conclusive on March 19, 2019.

1. On August 28, 2008, Defendant A (hereinafter referred to as “2017dan7515”) made a false statement to the victim D that “If 300 million won is lent, the Defendant would offer F building G and H units of F buildings newly constructed on the ground of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun as security, and would pay the principal with the investment proceeds of KRW 90 million up to May 30, 2009 as well as the investment proceeds of KRW 90 million.”

However, the facts are that the construction contractor at the time when the defendant had been operated, and (i) the construction contractor at the time bears the obligation of the construction cost equivalent to KRW 1.6 billion, and (ii) the J bank loans amount to KRW 400 million, and corporate bonds amount to KRW 2.4 billion. On the other hand, the defendant did not have the intent or ability to pay the principal and investment profits on the date of the promise to generate the profits even if he borrowed the money from the victim, and there was no intention or ability to provide the real estate security that was made by the normal progress of the commercial sales business.

As above, the Defendant, by deceiving the victim as above, shall be the K Bank account (L) in the name of K Bank I for the purpose of borrowing from the victim, and the amount shall be KRW 20 million on August 28, 2008.