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(영문) 서울남부지방법원 2016.01.13 2015고단4497
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On April 16, 2014, the Defendant: (a) around 7th floor of the Gangnam-gu Seoul Metropolitan building, planned the victim E to build a logistics warehouse and solar power generation facility on the 31,876 square meters of the Fforest in Gyeonggi-si; (b) (c) made land development and lot division, installation of solar power plants and individual operators registration; and (d) concluded a electricity sales contract with the Korea Electricity Co., Ltd. to transfer the ownership of the land and facilities to the buyers; (b) made payment of KRW 600 million in the purchase price, the Defendant made a false installation of a warehouse and solar power generation facility at KRW 140k and KRW 190,000,000,000 to KRW 2,314 square meters (70 square meters) and solar power generation facilities at KRW 99kW; and (c) made a false payment of KRW 500,000,000 after November 1, 2014 to KRW 190,000.

However, there was no previous experience in promoting solar power plant development projects, and most of the funds to purchase the forest land from the land owner were planned to provide personal loans, financial institutions loans, and general sales proceeds, etc. At the time, although the monthly operating expenses of the above company amounting to KRW 100 million, the above company's monthly operating expenses were not adequate in sales performance under the sales performance, and thus, it was planned to first use general sales proceeds, etc. for the company's operating expenses, etc., so even if receiving the payment from the damaged party, the above forest land was purchased from the land owner and constructed solar power generation facilities, and there was no intention or ability to transfer individual ownership to the victim.

Nevertheless, the Defendant, after deceiving the victim, received KRW 50 million from the victim, to a bank account in the name of D on April 16, 2014, as the down payment, from the victim, and received KRW 50 million from the victim, and on May 20, 2014, a check of KRW 200 million as the intermediate payment.

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