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(영문) 서울동부지방법원 2016.07.14 2015고단3720
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. The Defendant is the representative director of D (hereinafter “D”) established for the purpose of real estate enforcement and lease business.

On February 2, 2014, the Defendant selected the victim G who was introduced from F at the D office located in the column 308 of Seongdong-gu Seoul E building C, Seongdong-gu, Seoul, as an agent for the implementation of the reconstruction construction of Ha, such as Ha, in light of the name of the Defendant, at the same time.

Other things have been prepared, and the design has been modified through the architectural designer office, and there is a lack of money to find out design drawings.

The re-building work shall begin by searching for the design drawing on the face of the week by lending the design cost of KRW 30 million, and the same year.

4. It shall be performed without molding to the first patrolman, and it shall be subcontracted to F with the reinforced concrete, electricity, and fire fighting work at the reconstruction site.

‘A false statement' was made.

However, at the time of the Defendant’s implementation, J (IF) reconstruction association’s main construction project was ordered to perform the administrative vicarious execution upon the suspension of construction for a long time. However, the Defendant failed to prepare approximately KRW 73 million for the administrative vicarious execution cost to be borne by the executor. The Defendant was unable to receive a loan for the construction project due to the low support of the resident’s consent for the reconstruction project. On the pretext of the design cost, the amount of KRW 30 million for the reconstruction association’s obligations related to the reconstruction association, and the victim was introduced, and there was no intention or ability to pay KRW 10 million for the principal or to subcontract the steel reinforced concrete construction project.

The Defendant, as such, by deceiving the victim, was transferred KRW 30 million to a bank account (N) in M M on February 17, 2014 from the damaged party.

In addition, from around that time to June 20, 2014, the Defendant included six times in the list of annexed crimes, such as the list of annexed crimes.

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