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(영문) 서울동부지방법원 2014.05.22 2013고단2727
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 three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On October 28, 201, the Defendant was sentenced to one year and six months of imprisonment and three years of suspended execution in Seoul High Court due to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the judgment became final and conclusive on February 10, 2012.

[2013 Highest 2727] On November 208, 2008, the Defendant sold land equivalent to approximately 150 square meters in the female-gun L, which is owned by the victim F and the victim G, at the office of (ju) E in the operation of the Defendant on the 6th floor of the building in Songpa-gu Seoul, Songpa-gu, Seoul, for the first time, to purchase the land located in the female-gun M (the present state N) and newly construct the stud building at that place, and to make profits if the Defendant would make profits from the sale of the land equivalent to approximately 150 square meters in the land located in the female-gun, the victim F and the victim G, which is owned by the victim F and the victim G, at approximately 150 square meters in the female-gun.” On the other hand, the Defendant would make profits from the purchase of the land located in the female-gun M (the present state N) with the money if the Defendant is the principal.

However, in fact, at the time, Defendant’s operation was unable to make profits due to the failure to conduct the business normally, and the amount equivalent to KRW 15 billion per month interest on loans used as business funds and bonds equivalent to KRW 100,000 per month was to be paid. Thus, there was no intention or ability to conduct the business of construction of studio with cash received from the victims, and there was no intention or ability to conduct the business of construction of studio.

Around November 13, 2008, the Defendant: (a) by deceiving the victims; (b) transferred KRW 68 million from the victim F through an account (Account Number:P) in the name of the Defendant’s employee; (c) received KRW 7 million from the victim G to the said account on December 1, 2008; (d) around December 3, 2008, the Defendant directly received KRW 40 million from the purchaser of the said I’s land, who was the victims, to the intermediate payment.

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