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(영문) 서울남부지방법원 2017.02.28 2015고단4375
사기
Text

A person shall be punished by imprisonment with prison labor for not less than 8 months and by imprisonment for not more than 2 years with prison labor for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

On April 25, 2013, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Southern District Court for fraud, and the judgment became final and conclusive on May 3, 2013.

"2015 Highest 4375"

1. On September 2012, the Defendant entered into a contract with the victim F to purchase G land at the E office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the 2.5 billion won, and above, the Defendant is expected to operate the warehouse of H in the K in charge of the business with three floors.

In order to establish a warehouse without any problem in the state of investment of 10 million won in part of land, 50% of the shares of H and the profits will be divided.

The commencement of the construction work is about 70% of the construction cost from the Korea Credit Guarantee Fund.

However, the Defendant had been under bad credit standing due to having already paid credit card payments at the time. The Defendant was unable to receive KRW 350 million under the pretext of investment in the new construction of Pyeongtaek-si freezing warehouse. The Defendant was under bad credit standing due to having received 20 million won under the pretext of investment in the freezing warehouse construction of Pyeongtaek-si, and paid the principal by the J to return (200 million won by December 31, 2012) the principal by October 31, 2012. Thus, the Defendant was under bad credit standing due to having already paid credit card payments at the time, and the Defendant did not have the ability to pay KRW 10 million for the above land on September 31, 2012 and KRW 230 million for the remainder of the land at issue on November 30, 2012. In addition, even if most of the above land was paid by the damaged party under the pretext of investment and part payments, the Plaintiff did not have the capacity to newly construct the land as an intermediate warehouse or intermediate payment.

Nevertheless, the Defendant, by receiving a total of KRW 10 million from the injured party, on September 27, 2012, by means of his/her ancillary K’s account (Korean bank L), and 10 million won on August 3, 200 of the same year, and remittance of KRW 60 million on December 12 of the same month.

"2016 Highest 462"

2. The Defendant is in Songpa-gu Seoul around November 10, 2014.

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