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(영문) 인천지방법원 2012.11.28 2012고단1836 (1)
사기
Text

The crime of the case No. 2012 Godan1836, which is decided by the defendant, shall be punished by imprisonment for one year, and the crime of the case No. 2012 Godan2083, which is decided by the decision

Reasons

Punishment of the crime

On November 19, 2007, the defendant was sentenced to a two-year suspended sentence to six-month imprisonment for fraud at the Incheon District Court, and the judgment was finalized on November 27, 2007. On October 17, 2008, the Incheon District Court sentenced to a two-year suspended sentence to four-month imprisonment for fraud at the Incheon District Court on October 25, 2008, and the judgment became final and conclusive on October 25, 2008. On September 19, 2008, the Incheon District Court sentenced a two-year suspended sentence to ten-month imprisonment for fraud, etc. and became final and conclusive on February 11, 2009. On August 27, 2010, the Seoul Western District Court sentenced a two-year suspended sentence to a two-year suspended sentence to a violation of the Aggravated Punishment Act (Fraud) at the Seoul District Court on September 4, 2010.

Around April 2006, the Defendant stated that “Around April 2006, the 2012 Highest 1836” means that “D and 12 lots of apartment construction work are to be newly built,” and that “A victim E will be recognized as the sales price for commercial buildings if an investment is made with a business fund.”

However, the above defendant had no intention or ability to sell commercial buildings to the victim even if he/she receives money from the victim because he/she could not normally construct apartment and commercial buildings due to the lack of ability to pay the purchase price of the above apartment construction site at the time.

Around May 16, 2006, the Defendant, by deceiving the victim, received from the victim, KRW 10 million in the above site office of the Corporation, KRW 40,790,000 from the F office of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do on May 24, 2006, KRW 66,00,00 from the Taean post office located in the Naman-gun, Chungcheongnam-gun, Chungcheongnam-do on June 1, 2006, and KRW 60,000 in total from the above site office of the Corporation around June 5, 2006, and acquired KRW 176,790,000 in total from the above site of the Corporation.

On June 7, 2010, the Defendant “2012 Highest 2083” was introduced by G and H, which is the seat of the said Defendant, in a coffee shop where the trade name located in the Seoul Eastern on June 14, 2010 is unknown, and the Defendant met the victim I by introducing the said Defendant, and the Defendant “a loan work of a national bank was completed in relation to the J development,” and the loans immediately are extended.

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