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(영문) 의정부지방법원 2017.06.30 2017고단708
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2017 Highest 708"

1. The Defendant was unaware of his intent or ability to accept the right of construction and implementation of officetels from the (ju) E, which was planning to construct an officetel on the D site at the time of the Government of the Republic of Korea, by deceiving the victim F as if the funds were needed to take over the said officetel, and borrowing money from the damaged party under the pretext of taking over the right of execution, and by forging the right of sale in the name of E for the purpose of security.

A. On August 18, 2014, the Defendant committed the crime at the construction site of the instant officetel on August 18, 2014, it is necessary for the Defendant to acquire KRW 100 million with acquisition funds in order for the victim to obtain construction rights from the private person (ju) executing the officetels newly built at the Government-si D.

On December 2014, when the funds are invested, the Corporation immediately commenced the construction and obtains a loan from the Bank, and thus, it is possible to fully repay 100 million won by the end of December 2014, and there is a request to lend 100 million won. As security, the said officetel would deliver a sales contract to 301.

However, even if the defendant received KRW 100 million from the injured party as above, he did not think that it will be used as the acquisition price of the right of execution, and there was no fact that the defendant was permitted to provide the sale contract as security by E.

As such, on August 19, 2014, the Defendant, by deceiving the victim, received KRW 50 million from the victim, to the account in the name of G (H) on August 19, 2014. On September 2, 2014, the Defendant acquired a total of KRW 50 million, such as receiving KRW 50 million from the SC bank account in the name of G (J).

B. On October 14, 2014, the Defendant conspired with I to use the victim F in collusion with I for the acquisition fund of the officetel license, and pay interest at 5% per month on October 14, 2014.

In addition, it is stipulated that the sales contract for the above officetels 303 will be issued additionally.

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