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(영문) 서울중앙지방법원 2009.11.12 2008고단6121 (1)
사기
Text

Defendants shall be punished by imprisonment for eight months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Defendant

A was sentenced to 10 months of imprisonment for fraud at the Seoul Central District Court on August 19, 2004, and the judgment became final and conclusive on September 23, 2005. The defendants promoted the remodeling construction work of building E (representative F) directors of each stock company E (representative F).

On May 14, 2002, the Defendants entered into a contract to lease the shopping 153 and 114, each of which is being remodeled with the victim D at the said G building site office on May 14, 2002, and received KRW 80 million in total as the down payment.

On October 3, 2002, the Defendants returned the said amount of KRW 80 million to the victim as the Defendants could not lease the said amounts to the victims at the said remodeling site office.

However, in lieu of leasing Nos. 153 and 114, the Defendants deemed the sales price of KRW 80 million out of the sales price of KRW 150,000,000,000,000,000 as the deposit for lease deposit of the above Nos. 153 and 114 as the down payment and intermediate payment, and the remainder of KRW 70,000,000,000,000 from E after completing remodeling work, shall be leased to others and appropriated as the deposit, and the monthly rent of KRW 1.4 million shall be paid, and the registration of ownership transfer of the above shopping mall shall also be made.

“The purpose of “ was to make a false statement.”

However, with respect to the above commercial building 144 (as the remodeling of the previous commercial building 24, it is divided into 144, 121 and 112), on July 4, 2002, the registration of the first priority collective security (130,160,000 won of the maximum debt amount), the registration of the second priority collective security (18,000,000 won of the maximum debt amount) was made to the H on September 13, 2002, and on August 8, 2002, the first provisional attachment was made to the H on the claim of KRW 60,000,000.

Nevertheless, the Defendants did not notify the victim of the above facts.

The defendants deceiving the victim as such and belong to it.

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