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(영문) 서울서부지방법원 2013.08.14 2011고단2179

사기등

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On April 17, 2012, the Defendant was sentenced to a suspension of one year and six months of imprisonment with prison labor at the Seoul Western District Court on April 17, 2012, and the judgment became final and conclusive on April 25, 2012.

"2011 Highest 2179"

1. On January 1, 2008, the criminal defendant against the victim C told the victim to establish a new collateral security right in the future at the E office operated by the defendant on the 9th, 9, and 10th, Gangnam-gu Seoul Metropolitan Government D building, and at the same time at the Ftel 104 that was sold in lots to the victim on the 40 million won.

However, the Defendant paid down payment of KRW 50,000,000,000 for the above officetel sales price of KRW 4118,140,000,000, and delayed the payment of KRW 808,000 on December 20, 2007, and even if he borrowed the above money from the victim, the Defendant did not have the intent or ability to pay it properly, and there was no intention or ability to establish a collateral security under the name of the victim with respect to the above officetel sales price.

Nevertheless, the Defendant, by deceiving the victim, received 40 million won from the victim G on February 25, 2008 through the victim and acquired 40 million won from the victim.

2. Fraud against victim H;

A. On June 2008, the Defendant stated that “When the Defendant started the construction of the Jtension Points, it would be thought that the Defendant would invite an artist and the president of an enterprise, etc. to work at the E office operated by the Defendant in Gangnam-gu Seoul, which was operated by the Defendant in Gangnam-gu, Seoul, the Defendant would be able to attract its investment funds, and when attracting such investment funds, the Defendant would pay the above pressure point construction cost as well as the unpaid construction cost at the J Busan Point.”

However, the defendant could not pay the construction cost in full at the time of J Busan's point of view, which has deteriorated financial circumstances, and even if he does so.