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(영문) 서울동부지방법원 2016.05.26 2015고단4075
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

The defendant is the chairperson of the (State)C and the member D of the internal director D, who has been in charge of consultation, attraction of investments, etc. in the operation of the above company.

1. On January 4, 2010, the Defendant was planning to construct an office in the office located in the Busan City, Si, Gun and 2, in connection with the construction of the “E building” in the Jung-gu, Busan, and the Seoul, Jung-gu, and 2, where the said company was planned to construct an office after its removal, the Defendant completed a real estate purchase contract from the owner of the land, and the construction report was also filed on January 25, 2010, with the victim H in relation to the construction of the “E building” construction work in the Jung-gu and 2, Jung-gu, Busan, and all the powers related to the construction of the E building.

A false statement was made to the effect that it would give a contract for electricity, fire fighting, and telecommunications construction during the foregoing construction work on the face of borrowing KRW 35 million.

However, (State)C concluded a business agreement with I to purchase the instant E building, which is owned by I on August 26, 2008, with the intent to purchase the said building at KRW 8.6 billion, and to newly construct and sell an officetel and pay the price for the construction of the said building. However, it was impossible to secure construction funds related to the construction of the said building due to the failure to obtain a loan from a financial institution. The ownership of the said real estate was extended by I due to the reasons such as the failure to obtain a loan from the financial institution. Since the ownership of the said real estate was not designated at the time, even if it was borrowed from the damaged person, it was not possible to start the construction until January 25, 2010 and start the construction until January 25, 2010.

On January 6, 2010, the defendant deceivings the victim as above and acquired 35 million won from the victim by transfer to a criminal account in the name of the representative director C of the Dispute Resolution Co., Ltd. (J).

2. The Defendant involved in the fraud related to the contract for construction of the officetel in Japan, the “Ktel” located in the same victim around November 25, 2010, Seo-gu, Busan Metropolitan City.

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