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(영문) 서울동부지방법원 2016.06.30 2016고단1452
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On December 2, 2009, the defendant held the E Apartment Building Project in order to D, who is a branch in the defendant's office located in the Namyang-si, Namyang-si, 2009, several times, and if the construction is commenced, many profits can be generated.

The construction of Dongyang, a large-scale construction company, has been determined as the construction work and has decided to guarantee the payment of principal and interest for the land sale price, and it will be possible to carry out the construction with the funds from the trust company after trusting the land for the

It is possible to fully pay KRW 150,000 after six months from the loan of KRW 100,000 through the person in the neighborhood.

In addition, if the lessee wishes to operate a restaurant as the E apartment construction site, he/she may grant the right to operate the restaurant. D around that time, he/she sent the aforementioned false language to the victim F several times.

On December 30, 2009, the Defendant met D and the victim at HDal located in Jongno-gu Seoul Metropolitan City G on December 30, 2009, and issued to the victim a loan certificate stating "if the lessee wishes to operate the restaurant at the site, he/she shall use it for six months from the borrowing date and repay the principal and interest, and if the lessee wishes to operate the restaurant at the site, he/she shall have the right to operate the restaurant."

However, in fact, the Defendant had conducted negotiations on the purchase of the E site from around 2007 and had already been made with the I clan, one of the owners of the E site for the E project around February 2009. However, even though the Defendant had failed to secure funds at all, it was not a conclusion of a sales contract for the E site until December 2009, which was not determined for the execution of the construction project, and therefore, it was not determined for the time, and there was no fact that Yang Construction was confirmed as the commencement of the construction project, or that Yang Construction was not prepared for the construction, and there was no fact that the principal and interest payment guarantee was paid for the purchase of the land.

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