사기등
A defendant shall be punished by imprisonment for not less than five months.
The charge of fraud around May 22, 2013 among the facts charged in the instant case is not guilty. It is so decided as per Disposition.
Punishment of the crime
1. On May 17, 2013, the defrauded E concluded the said new construction contract with the victim E, stating that “Around May 17, 2013, the Defendant is running Giart Development Project in Chungcheongnam-gun F. It is already investing at least KRW 20 billion. The construction design cost is leased at the cost of civil engineering and design, and if the construction design cost is paid directly to the construction site office, the Defendant would reimburse it within 2-3 months, and would allow the construction work of H to be carried out.” On the same day, the said new construction contract was concluded between the victim and the I who actually operates the construction work.
However, the defendant paid 2.5 billion won as the price for the land until October 31, 201, and simultaneously executes the procedure for the registration of transfer of ownership on the land as a result of sale.
“As it was impossible to implement adjustment to the purport that there was no authority to do so, even if the victim borrows civil and civil construction cost, or the victim pays the construction design cost on behalf of the victim, there was no intention or ability to normally perform the project or pay the borrowed money to the victim.
Nevertheless, on May 23, 2013, the Defendant made a false statement to the victim, and acquired the money from the victim to the national bank account (J) by transfer of KRW 20 million.
2. Around May 17, 2013, the Defendant entered into the aforementioned contract with the victim E, and agreed to obtain a loan under the name of the executor I and to raise the land price.
The Defendant had the intent to forge and deliver a sales contract to the effect that Griart Co., Ltd., which it substantially operates, purchased 12 parcels outside K in Taenam-gun, Chungcheongnam-gun, and the Defendant purchased 12 parcels in order to use the above I for obtaining bank loans.
The defendant around August 17, 2013, in the office of Incheon Seo-gu L building 316, the seller of land sales contract form using a computer.