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(영문) 서울중앙지방법원 2011.09.27 2010고단5126
사기
Text

Imprisonment with prison labor for the crime No. 2, No. 3, and No. 4 of the decision of the defendant, for the crime No. 1 of the decision of the defendant, 8 months.

Reasons

Punishment of the crime

On April 26, 2005, the defendant was sentenced to a suspended sentence of two years for a crime of fraud in the Young-gu branch of the Chuncheon District Court for a period of one year, and the judgment became final and conclusive on May 4, 2005.

1. On March 3, 2005, the Defendant, at a coffee shop where it is impossible to know the trade name located in the Gangnam-gu Seoul East-gu, Seoul, the Defendant carried out 2790 apartment units on D site, and there is a need for a cost of KRW 50 million for the business fund. If the Defendant borrowed money, he will give the right to sell apartment units and pay the sales fee of KRW 2 million per household. The commercial building will give the right to purchase apartment units at KRW 4.5 million per ordinary day, and received KRW 50 million from the victim.

However, around that time, the Defendant was unable to pay 200 million won in connection with the new youth hostel construction work, and the financial condition of the Defendant was deteriorated by being subject to criminal punishment, such as criminal punishment, and even if the Defendant borrowed money from the victim due to the purchase of the D site and did not have the intent or ability to pay the money, the Defendant did not have any intention or ability to pay the money. Moreover, the Defendant could not grant the right to sell the above project as

Ultimately, the Defendant was provided with property owned by the victim by deceiving the victim.

2. The Defendant offered to receive money from the victim C in relation to F and the G G apartment execution project in the first week.

A defendant and F, around August 2005, at the defendant's office located in Seocho-gu Seoul Metropolitan Government from the end of Seocho-gu, " 1900 apartment units are being enforced in Seocho-gu, Seoul. It means that if the business fund is required and the business fund is loaned to 40 million won, it shall be given the right to purchase the commercial building en bloc." On September 1, 2005, the defendant and F was remitted to the new bank account (H) under the defendant's name on September 1, 2005, KRW 20 million with the same account on September 12, 2005, KRW 10 million with the same account on September 22, 2005, and KRW 5 million with the same account on September 22, 2005, and KRW 5 million with the same account on September 28, 2005, each transfer of KRW 5 million with the same account on September 28, 2005.

However, the defendant and F have been executed.

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