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(영문) 서울중앙지방법원 2014.01.09 2013고단7045
사기
Text

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

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

Reasons

Punishment of the crime

On January 29, 2010, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul East District Court, and the said judgment became final and conclusive on February 1, 2010.

The Defendant used it as expenses to carry out various projects, such as officetels business, D reconstruction business, and Daejeon E-dong apartment complex business among around August 2003 to May 2006, the Defendant used it as expenses for promoting various projects, and the victim F (the age of 56) received a total of KRW 770 million from the victim F (the age of 56) for investment, etc., but failed to repay it at all.

On December 2006, the Defendant made a false statement to the effect that “The Defendant would make a repayment to the victim by adding the high interest rate if he/she lends additional expenses in relation to the execution of the main complex apartment to the victim at the H office operated by the Defendant, a corporation operating the 8th floor of the G Building in Seongbuk-gu, Sungnam-si.”

However, in fact, the defendant was merely seeking the business related to the apartment complex as before, and the fund borrowed from another person without any particular property was insufficient to promote the business. Since the site for the new construction project was secured or the project implementation authorization was not received from the administrative agency, there was no intention or ability to repay even if the victim received the same money from the administrative agency.

Nevertheless, the Defendant, as above, received 45 million won from the victim on December 7, 2006, in the name of expenses, from the victim, as well as from around that time to February 23, 2009, the Defendant received 56,356,800 won in total under the pretext of expenses, etc. over 115 times as shown in the annexed crime list.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the prosecution of the accused concerning the interrogation of the suspect (including the F substitute part);

1. The prosecutor's statement concerning the F;

1. The police statement concerning F;

1. A written statement of I;

1. Details of remittance;

1. Judgment.

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