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(영문) 서울중앙지방법원 2013.05.03 2012고단2066
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[criminal record] A person who operated D Co., Ltd. (hereinafter “D”) which was promoting the new construction and sale of electric power units in the Yeongdeungpo-gu Seoul District Court in Yeongdeungpo-gu Seoul District Court around 2009. On August 26, 2011, the above judgment was finalized on September 3, 201, which was sentenced to two years and six months of imprisonment for fraud at the Seoul Western District Court. On May 16, 2012, the Seoul Central District Court sentenced two years of suspended execution to six months of imprisonment for fraud and became final and conclusive on May 24, 2012.

[2012 Highest 4262]

1. Around September 18, 2009, the Defendant stated, “The Defendant, at G real estate office operated by the Victim FF in Seocho-gu Seoul, that “The said victim is currently running a new house-sale business on the land outside and outside 27 lots of land in Seocho-gu, Young-gu, Seoul, and if it invests KRW 300 million with construction cost, he/she will complete the house-type within two months and sell one of them.”

However, in fact, the Defendant was unable to pay in cash a promissory note paid to H (hereinafter “H”) as the purchase and sale contract amount for the construction of the above electric power plant was confirmed as a default bill. However, the Defendant was notified of the termination of the contract by H around September 10, 2009, and the Defendant also was excluded from the contractual relationship by submitting a letter of waiver of contract at around September 17, 2009. Meanwhile, it was difficult for the Defendant to normally carry out the above new electric power plant construction project as a result of the Plaintiff’s failure to pay the construction cost for the portion that the Si was carrying out the construction project until that time. The Defendant was expected to use the said money for the unpaid subcontract price with the said victim, and was not able to raise any other necessary funds for the unpaid construction project. Accordingly, even if the Defendant received the investment money from the said victim, it was completed the construction within two months and did not have the intent or ability to transfer one bond to

Nevertheless, the defendant deceivings the above victim.

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