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(영문) 수원지방법원 2015.08.27 2014고단1439
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On February 18, 2013, the Defendant was sentenced to imprisonment with prison labor for fraud, etc. at the Suwon District Court on August 9, 2013, and the judgment became final and conclusive on August 9, 2013.

【Criminal Facts】

The Defendant: (a) on March 2010, the Defendant was operating the Gambtel Co., Ltd., Ltd., a company that is the executor of the Gambtel, and (b) on March 2010, at F Hotel in Gangnam-gu, Seoul, and (c) on the victim H, who became aware of G as the introduction of G, conducted the urban-type residential apartment construction project in Dambine-type residential housing construction project along with the Gtel remodeling project; (b) on the cost, office expenses, etc., in relation to the urban-type residential apartment construction project in J district, KRW 200 million is required; (c) on the loan, the principal amount shall be paid within a number of months; and (d) 10% of the shares of the apartment construction project is to be paid if the principal amount is not paid within a number of months. At present, the sale rate of Cambtel has to be paid to the trust company, and it is sufficiently possible to obtain the right to dispose of the officetel ownership; and (d) even if the project is completed within three months.

However, at that time, the Defendant borrowed money from the branch and the bank without any particular funds to carry out the Ctel implementation project, and the sales price at a discount below the original sales price was less than the sales price due to the shortage of operating funds, and the Defendant was in the situation of voluntary use as operating funds, without receiving the sales price from the buyers and paying the sales price to the trust account.

In addition, the apartment execution project did not pay the down payment to the props because of the lack of funds, and even if the money was borrowed from the victims, there was no intention or ability to pay the down payment.

The Defendant is the victim.

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