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(영문) 서울중앙지방법원 2012.07.26 2010고단5126 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 14, 2009, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court, and the judgment became final and conclusive on November 12, 2009. On July 20, 2010, the Defendant was sentenced to a suspended sentence of two years for a criminal offense on October 28, 2010, and the judgment became final and conclusive on September 28, 2010.

1. On March 15, 2005, the Defendant received a total of KRW 20 million from the Defendant’s post office account (E) in the name of the Defendant on March 15, 2005, each transfer of KRW 30 million, including KRW 10 million to the same account on March 16, 2005, from the victim B, to the victim B of the coffee shop where it is impossible to know the trade name in Gangnam-gu, Seoul.

However, at that time, the Defendant received KRW 64,50,00 from F as the right to operate G cafeterias, but did not have financial capacity, such as criminal punishment, due to the lack of the right to operate the G cafeterias, etc., and even if the Defendant borrowed money from the victim for the purpose of service costs, such as the failure to continue the operation of the D apartment, he/she did not have any intent or ability to pay full-time or to exercise the right to sell the D apartment units.

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

2. Around April 8, 2005, the Defendant stated that “Around April 8, 2005, the Defendant shall take over a construction company located in Gyeongnam-gu, Seoul, with the second floor of the H building, but may have paid back to the party with good faith. If the Defendant borrowed 50 million won to B as the acquisition cost of the company, the principal shall be paid, as well as the other debt shall be fully repaid.”

However, even if the defendant borrows money from the victim, it is necessary to purchase the apartment site in the original city where the defendant was promoted at the time.

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