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(영문) 서울동부지방법원 2018.08.30 2017고단4063
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On February 16, 2015, the Defendant is the Chairperson of G Co., Ltd., a company with internal construction implementation business, which was introduced from the E office of the victim D in Songpa-gu Seoul on February 16, 2015 through F.

It is running a large-scale multi-family housing project of the 1,996 generation in the H in Gangwon-si, Gangwon-do, and I, the contractor, has not resumed the construction on the wind in 2013.

Although the Nonghyup Bank borrowed 50 billion won from the Nonghyup Bank, the loan interest rate began to be delayed due to I's default, and the Nonghyup Bank is promoting the transfer of loan amounting to 45 billion won.

However, it is expected to purchase the above claims and conclude a contract for construction with the JJ because it is currently receiving 3 billion won support from the K president of the JJ company.

If 100 million won is paid with the deposited deposit, it is expected to transfer the above apartment sales agency.

“A false representation was made.”

However, the defendant was not the chairperson of G, but merely limited to a person who helps and attracts L, the actual operator of G, and the above G did not have to receive 3 billion won support from J, and did not have to conclude a contract for construction with J.

In addition, since the Defendant and the above L et al. had no property to purchase the bonds from the above Nonghyup Bank, so it was uncertain whether the construction could resume the construction by selecting the construction. Therefore, even if 100 million won is received from the injured party, there was no intention or ability to transfer the right to sell the bonds to the third party.

Nevertheless, the defendant deceivings the victim as above and transferred KRW 50 million to the one bank account (N) in the name of M Co., Ltd. designated by the defendant on the same day from the victim.

Then, on March 11, 2016, the Defendant made a false statement to the victim stating that “The Defendant would repay money after a day of lending money to the purchaser, because incidental expenses, such as contact, are insufficient in connection with the progress of the business.”

However, it is true.

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