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(영문) 서울중앙지방법원 2019.02.18 2017고단5636
사기
Text

No. 2-A of the judgment of the defendant

Section 2-B of the Decision, 1 year and six months of imprisonment for a crime.

Imprisonment with prison labor for a crime, judgment.

Reasons

Punishment of the crime

1. On June 28, 2013, the Defendant of criminal records was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court (Seoul Central District Court) and three years of suspended execution, which became final and conclusive on July 6, 2013. On October 6, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Suwon District Court, one year of suspended execution, and two years of suspended execution, and the judgment becomes final and conclusive on October 14, 2016.

2. Criminal facts;

A. On September 2008, the Defendant against B made a false statement to the effect that “A restaurant is located on the first floor of Gangnam-gu D, Seoul, and the wife is in operation. The owner of the building intends to sell the above real estate between 10 million and 300 million won.” The Defendant purchased and transferred the above real estate to the lessee with a preferential right to purchase KRW 300 million.”

However, in fact, the above commercial building was owned by the F, and there was no sales plan at the time, and the defendant was not entrusted with the right to sell from the holder of the right, such as the owner, and the defendant was responsible for enormous debts due to the lack of good competition in the construction business operated by the defendant. Therefore, even if the defendant was paid money from others, there was no intention or ability to transfer it to the victim by the agreed date or by purchasing the above real estate

Nevertheless, on September 12, 2008, the Defendant, by deceiving the victim as above, received a total of KRW 300 million from the victim's office in total 1.5 million cashier's checks.

B. On October 29, 2014, the Defendant with respect to H restaurant fraud (1) with respect to G is a victim G from the J restaurant located in Yongsan-gu Seoul Metropolitan Government I to “if the Defendant operates a restaurant at the K apartment construction site, the total profits would exceed KRW 700,000,000,000.”

If the initial operational fund of KRW 100 million is invested, it shall prepare for the operation of the restaurant with the investment money, and the investment principal shall take precedence over the shares of the Na.

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