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(영문) 서울중앙지방법원 2016.06.09 2014고단7205
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On January 22, 2015, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud at the Incheon District Court, and the above judgment became final and conclusive on February 23, 2016.

[2014 Highest 7205]

1. On September 18, 2012, when the Defendant was performing new construction works in Yeongdeungpo-gu Seoul Metropolitan Government and 18 lots of land, the Defendant agreed to take over 1/3 of the shares of each of the Defendant and its partner H from the actual owner of the above land at KRW 3.5 billion on September 18, 2012. The Defendant promised to pay part of the construction cost to the construction subcontractor, and the Corporation resumed from October of the same year, while the Defendant promised to pay part of the construction cost.

On November 13, 2012, the Defendant is in the process of the Defendant’s construction of crowdfunding at the mutual infinite coffee shop located in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul.

By the end of December 2012, 2012, it is intended to complete the completion of the trading hole and to allow its business to run from March 2013, 201 after the period of preparation for business, such as interior interior interior interior interior.

“.” On the same day as the victim believed the horse, the victim entered into a lease agreement for the cosmetic business of the cosmetic, and received 60 million won from the injured party as the down payment.

However, the construction cost was not paid on December 2, 2012, which was after the Defendant received the down payment from the injured party, and thus, the said construction was discontinued. Since the possibility of commencement of the said venture business from March 2013 as stipulated in the said lease agreement is unclear, the victim did not pay the part payment agreed upon to the Defendant under the said lease agreement.

On the other hand, the Defendant had no particular method of preparing construction cost, and thus, it was not possible to resume the said construction work, and it was in fact impossible to complete the said construction work until March 2013, and therefore, the Defendant was the victim.

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