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(영문) 서울중앙지방법원 2017.12.20 2016고단8000
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

[J] On October 22, 2014, the Defendant was sentenced to six months of imprisonment for fraud at Daejeon District Court, and served in Red Prisons, and completed the execution of the sentence on May 12, 2015.

[2] The Defendant is a representative director of D Co., Ltd. (hereinafter “D”) who had established a real estate development project, etc. mainly on February 5, 2016 and had no record until now.

The defendant, as a beneficiary, calls for E as the chairperson of the above company for the purpose of attracting a person to invest in the above company through E with a high recognition as a beneficiary, and calls for inside the house of such woman free of charge for the interior decoration work.

The commitment was undertaken.

The defendant around March 18, 2016, at the office of the above company located in Seoul Special Metropolitan City, Gwangjin-gu and 3612, the defendant paid KRW 100,000 to the victim's agent H, and the defendant paid KRW 80,000,000 to the plaintiff's agent of Seocho-gu Seoul Special Metropolitan City, I loan 102 from March 20, 2016 to the plaintiff's agent of Seocho-gu, Seoul Metropolitan Government I loan 102.

“After preparing a written contract on the said contract, the said H was urged to start the construction from around 20th of the same month, but the advance payment was not made, and the said H was urged. On or around the 23th of the same month, the construction cost for interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior interior installation: 18 million won: from March 20, 2016 to April 20, 2016; 10 million won out of the construction cost shall be paid on April 10, 2016; and the remainder amount of KRW 80 million shall be paid on or around April 30, 2016.

“A contract for construction work was drafted once again with the above H.

However, in fact, the Defendant did not have property at the time, on the other hand, consumed all of KRW 300,000,000 of the company’s capital, and since the company’s operating expenses are in need of KRW 30,000 per month, the Defendant did not have any intent or ability to pay the construction cost even if the victim

Accordingly, the defendant deceivings the victim by the above method, and thereby, the victim is the same.

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