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(영문) 서울중앙지방법원 2019.08.22 2018고단4596
사기
Text

Defendants shall be punished by imprisonment for one year.

Of the facts charged against the Defendants, the Defendants’ fraud on May 24, 2016 is acquitted.

Reasons

Punishment of the crime

On April 20, 2016, the Defendants purchased “D” located in Yeongdeungpo-gu Seoul Metropolitan Government (hereinafter “instant futures”) in the name of Defendant A in the discretionary auction procedure, and paid the sales price, thereby acquiring the ownership of the said futures trading in the name of Defendant A.

The internal construction of the Holdings Corporation of this case shall be E (the representative F, the actual operator G, hereinafter referred to as the “Settlement Agreement”).

In October 2014, the victim H, who was not paid the construction cost even after being subcontracted with the construction work, was provisionally seized on the basis of KRW 147,80,000,000 of the construction cost claim around December 8, 2016, and the victim I also provisionally seized the same amount of KRW 94,00,000,000 for the construction cost claim on the same day.

Although the Defendants needed internal construction costs for the instant financial services and necessary to obtain a loan from the bank, the Defendants committed an act as if they were unable to obtain a loan from the victims due to a provisional seizure established by the victims and paid the unpaid construction cost, and they received a provisional seizure and received a loan from the victims and received the loan to raise the internal construction cost.

On December 29, 2016, the Defendants issued a “written confirmation of payment” to the victims when making a false statement to the effect that “The victims would be released from provisional seizure, and will receive a loan from a bank to pay the construction cost, regardless of the loan,” and the Defendants would pay the construction cost until April 30, 2017. The “written confirmation of payment” did not pay the construction cost, regardless of the loan made by the E representative director, the Defendants paid the full payment regardless of the loan made by A, not until April 30, 2017.

provided that, on or before April 30, 2017, payments shall be made immediately upon completion of bank loans.

The name of the building owner A in the sense that the Defendants are stated to the effect that the construction cost will be paid, such as the written confirmation of payment.

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