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(영문) 부산지방법원 동부지원 2013.08.27 2013고단504
사기등
Text

A defendant shall be punished by imprisonment for two years.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2013 Highest 504] On October 7, 2011, the Defendant entered into an agreement with the injured party C to the E Licensed Real Estate Agent Office located in Busan Nam-gu, Busan, for the test construction for the 7 and 8th floor public notice lines of the F building in Nam-gu, Busan, and the victim may complete the construction from October 7, 201 to November 30, 201. The total construction cost is KRW 140 million, and the contract price is KRW 20 million, which is the down payment, first.”

However, the defendant did not have the intent or ability to complete the construction work in accordance with the agreement even if he received the payment of the construction cost from the victim due to the situation that the defendant was unable to pay the personnel expenses of the father due to the shortage of funds.

Nevertheless, the Defendant, by deceiving the victim, was delivered to Busan Bank account (G) in the name of the Defendant designated by the Defendant, the sum of KRW 30 million in intermediate payment on October 8, 201, KRW 20 million, KRW 20 million in intermediate payment on October 29, 201, KRW 20 million in intermediate payment on November 25, 201, and KRW 70 million in total from November 25, 201.

[2013 Highest 1175]

1. On December 15, 2008, on the part of the victim H, I, and the Defendant’s occupational embezzlement, the Defendant concluded a partnership agreement with the victim H and the Defendant to operate the camera in the trade name of “Kkbook” from the victim H and the first floor of Seongbuk-gu Seoul Jin-gu Seoul, with the trade name of “Kkbook,” and the victim H paid the security deposit, the test language and the collection cost, and the Defendant’s profits in charge of the Defendant’s business, and divided the Defendant’s profits into 2:1 ratio.

Therefore, from March 2009 to May 27, 2009, the Defendant operated the above carpet and kept the house of the victim H in business. A.

Around March 23, 2009, the fraud Defendant made a false statement to the effect that “A victim H and the victim I, who is his/her wife, want to offer 2% of the total amount of the contract, if the Defendant borrowed business funds from the business funds.”

However, the defendant is about 4.0 without any particular property.

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