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(영문) 서울중앙지방법원 2017.01.25 2016고단293
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is a person who has operated the so-called planned real estate company in the name of “B.”

1. Around September 6, 2010, at the Gangnam-gu Seoul Metropolitan Government C building office, the Defendant concluded that “The Defendant would purchase the land in Chuncheon, with a face-to-face purchase of the purchase fund, and sell the land in installments in order to make two times the principal by dividing it,” around September 6, 2010.

However, in fact, the defendant thought that he will use the money for the operating expenses of the company from the victim, and did not have the intention or ability to resell the land by purchasing it.

On September 10, 2010, the Defendant received KRW 44 million from the damaged person to the new bank account in the name of the Defendant, as well as from that time to May 9, 2011, a total of KRW 153 million from that time, such as the list of crimes in attached Form 1, in the same manner as the list of crimes, and acquired it by defrauded.

2. Fraudulent with respect to land E;

A. On January 8, 2013, the Defendant concluded that, at the foregoing office around January 8, 2013, the Defendant would again set up the maximum amount of the claim of the right to collateral security on the land of Gyeonggi-gu, Gyeonggi-gu, which was set up in the victim’s future by raising the maximum amount of the claim of the right to collateral security on the land of Gyeonggi-gu, which was set up by KRW 50 million around September 6, 2010, and would demand the creation cost again.

However, the defendant did not have the intention or ability to re-establish the right to collateral by raising the maximum amount of the claim.

On January 8, 2013, the Defendant received 800,000 won from the damaged person to the new bank account under the name of the Defendant and acquired it by fraud.

B. On December 12, 2013, the Defendant: (a) at the foregoing office around December 12, 2013, a person to purchase land E in the said office; (b) thus, (c) would fully repay the loan during the said period, upon cancellation of the right to collateral security.

A false statement was made.

However, the defendant did not have the intention or ability to repay the borrowed money even after cancelling the right to collateral security.

The defendant belongs to this.

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