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(영문) 서울북부지방법원 2013.11.01 2012고단1312

사기

Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 9, 2009, the Defendant was sentenced to a suspended sentence of two years for six months by imprisonment for breach of trust at the Seoul Northern District Court.

7. 17. The above judgment was finalized, and on January 6, 2011, the same year was sentenced to a suspended sentence of two years for six months by imprisonment for fraud in the same court.

1. 14. The above judgment became final and conclusive, and on December 23, 201, the same court was sentenced to eight months of imprisonment for fraud and became final and conclusive on July 5, 2012.

[2012 Highest 1312] The Defendant is a representative director of the D Co., Ltd., who had been performing construction of the C Commercial Building from March 2006 to the Government of the Republic of Korea.

When the completion of construction has been delayed due to the failure to pay the construction cost of the above commercial building under construction, the defendant would transfer the ownership upon completion of the above commercial building to the E company employee F, who was aware of the fact that he sold the above commercial building and received the sale price and used it as the construction cost, etc., and asked other persons to sell the above commercial building in lots.

On April 21, 2008, at the E company office located in Seoul Special Metropolitan City, Nowon-gu, Seoul Special Metropolitan City on April 21, 2008, F entered into a sales contract with the victim and H on April 1, 2008, prior to the statement that the defendant remitted 150,2490,000 won for the commercial building 401 and the sales price for the commercial building 403,000 won and 17,4720,000 won to the national bank account in the name of I, the ownership should be transferred upon the completion of the commercial building.

However, in fact, since since 2005, the defendant had no particular revenue, and the debt amount of financial institutions and others exceeded KRW 960,000,000,000,000 was guaranteed for the debt amount of the above D Co., Ltd., and the completion of the above D Co., Ltd. was delayed due to the delay in payment of the construction price for the above D Co., Ltd., and therefore, the above D Co., Ltd. was under pressure because the sale of the above commercial building was not properly conducted, and the said D Co., Ltd