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(영문) 서울중앙지방법원 2016.12.14 2016고단7290
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

On November 27, 2009, the defendant was sentenced to three years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court on November 27, 2009, and the above judgment was finalized on June 7,

While the Defendant, as the representative director of the Seoul Gangnam-gu Seoul Metropolitan Government 1607-1, engaged in real estate development implementation business, he received money from high school Da and victim E as business funds or street funds, and received it at will to use it at will.

Around November 2005, the Defendant introduced that D is conducting an implementation project in the Yeongdeungpo-dong and Sinsi-dong and Sinsi-dong in the above office space, and if he borrowed money, he would have invested in the implementation project and left the enormous profits. From November 11, 2005 to March 20, 2007, the Defendant arbitrarily received KRW 511,689,000 in total from D from November 11, 2005 to March 20, and used the victim E at his discretion by receiving transfer of KRW 511,689,000 in total from D, and on the same purport, the Defendant made a false statement to the same effect as D, such as “if the land purchase is completed through the adjustment of water resource construction and composition, a difference in money is available for the sale of the land, and it was used at will from March 29, 2006 to November 30, 2007 by arbitrarily receiving from the victim KRW 19590,900.

On January 4, 2008, the Defendant continued to borrow D’s house as a business fund, but failed to pay interest, received a request from D at risk of the bond manager to prevent auction. The Defendant had D intent to extend auction execution with the borrowed money borrowed from the victim, and had D borrow D bonds as collateral in order to secure A’s funds for the implementation of the project. This is to ensure that the house is not put up for auction.

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