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(영문) 전주지방법원 2015.11.13 2015고단626
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On May 3, 2011, the Defendant was sentenced by the Jeonju District Court to a violation of the Attorney-at-Law Act, and completed the execution of the sentence on August 24, 2012.

"2015 Highest 626"

1. On October 10, 2013, the Defendant made a false statement to the effect that “The Defendant would construct a new apartment with a scale of 554 households in the Jeonjin-gu Seoul Special Metropolitan City W. X, Co., Ltd., X, while giving KRW 500 million to X. When investing KRW 200,000,000, the Defendant would immediately construct the said implementation right and give 20% of the total profits of KRW 14 billion.”

However, from the beginning, even if the Defendant received KRW 200 million from the victim, the Defendant did not have any intention or ability to purchase the right to implement the new apartment construction project as well as there was no intention or ability to pay 20% of the total profits to the victim due to the failure of the progress of the new apartment construction project.

Nevertheless, as above, the defendant made a false statement to the victim and received KRW 200 million on the same day from the victim and acquired it by fraud.

"2015 Highest 1494"

2. On March 4, 2014, the Defendant paid KRW 5 million until May 4, 2014, to the victim AB in the office of the Z in the Z of the Z in the Z of the Jeonjin-gu Seoul Special Metropolitan City, “AC is actually operating the X, and a limited liability company established AC to perform the new construction of an apartment on the site of the AE located in the 6800 square meters AD located in the Young-gu Seoul Special Metropolitan City. However, if the design cost is insufficient and the cost of construction is leased KRW 5 million, the Defendant would be reimbursed to the limited liability company in which the victim served as the managing director, and would be awarded a subcontract for the removal, waste disposal and transportation of forests, and civil engineering work to the AF.

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