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(영문) 서울중앙지방법원 2016.06.01 2016고단741
사기
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

1. On November 15, 2010, the Defendant, located in the main building in the Nam-dong, Chungcheongnam-dong, Nam-dong, Seoul Metropolitan Government on November 15, 2010; however, at the law firm office, the Defendant is running a business to purchase and sell the unsold commercial buildings among the first and second floors of the Dongdaemun-gu, Seoul Metropolitan Government I building and the second floor from the KCC construction company, the owner of which is the contractor.

The sales contract with the KCC was terminated, and it was also approved by the bank to lend residual money.

On March 14, 2011, 50% of the principal and profits will be repaid without money, from the loan of money to other cost.

In case of failure to implement this, it was false that I would transfer a commercial building No. 1-15 and 1-16 of I's 1 floor.

However, even though the Defendant was punished for negotiations on the construction and trade of KCC, there was little difference in opinion on the price, and there was no approval for the loan. Moreover, since the loan was required to be used for the investment of the Defendant’s individual stocks, there was no intention or ability to repay the principal and the profit normally to the victim or to transfer the said commercial buildings.

Nevertheless, on November 15, 2010, the defendant deceivings the victim as above and took over 450 million won to the defendant's agricultural bank account (name number: J) from the victim.

2. On January 28, 201, the Defendant, at the law firm office, has caused a little frusts in the loans from the victim H.

In addition, from May 31, 201 to May 31, 201, 50% of the principal and earnings will be repaid without money.

If the execution is not carried out, it was false that the I Building No. 1-14 of the 1st floor would be transferred.

However, at that time, the negotiations with KCC construction had already been concluded, and the defendant could not operate the sales business of ICC building. Since the defendant did not have any specific property, the principal and the profits have been repaid to the victim normally or the above.

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