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(영문) 서울중앙지방법원 2013.09.13 2012고단6189

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From around 2002, the Defendant operated D Co., Ltd. established for the purpose of construction business.

1. Around July 15, 2005, the Defendant against the victim E made a false statement to the victim E at the office of the Seocho-gu Seoul Metropolitan Government F Building 8th floor D Co., Ltd., Ltd., “The head of the party hall is running the apartment construction project in the Seocho-gu Seoul Metropolitan Government, and the party hall loans funds to be used as business expenses and living expenses due to the difficulty in the financial situation. On the selection of the contractor, the Defendant would receive the PF loans, but will receive the loans.”

However, at the time of 200, the Defendant was unable to repay the debt amounting to KRW 596 million prior to the year 2000, and from May 2004, the Defendant was using KRW 330 million from the branch, etc. due to the lack of funds, and there was no construction project expressing the intent to participate in the project. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 4 million from the victim for the purpose of borrowing money at the same place on the same day.

In addition, from around that time to February 9, 2006, the Defendant made a false statement to the effect that “the Defendant would obtain a PF loan in connection with the G apartment project in the original city,” and received a total of KRW 12.4 million from the victim as the borrowed money.

2. On July 8, 2008, the Defendant against the victim H is promoting the apartment construction project on the K site located in the GJ in the light city, and at the office of the Seocho-gu Seoul International Building No. 305, the Defendant is taking the right to remove the project in relation to the implementation of the project.

The head of the Party shall pay the cost of the project because the circumstances of the Fund make it difficult.