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(영문) 서울중앙지방법원 2012.08.17 2012고합225
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for four years and for two years, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[2012Gohap225] Defendant A is a person in a de facto marital relationship with D for about 20 years, and Defendant B is a representative director of E Co., Ltd. (hereinafter “E”) with A’s birth.

1. From October 2003, 2003, the fraud D with the victim F from the victim F, etc. to borrow at least 3 billion won for the clothes business from the victim F, etc., but the Defendants were unable to repay the debt, and the Defendants were able to obtain money from the victims by borrowing a charnel house construction.

Around December 2004, the above D 13,00 real estate was owned by the Defendant A, the husband of which was the victim F, and the 13,000 real estate was installed and sold in units of a charnel house, and Defendant A and the above D continued to have obtained permission for the construction of a charnel house from the above G and H restaurant in the above G and H restaurant in May 2005, and at least 18 billion won when the construction was completed and sold in units around October 2005. Defendant B took advantage of the victim F, and obtained permission for a charnel house in the end group, and Defendant B took action to ensure that the above projects were carried out by the victims, such as the establishment of a charnel house and registration as the representative director of the E company operating a charnel house, and the establishment of a charnel house or guarantee of the above investments.

However, in fact, the building permit was obtained from cultural and religious facilities, and did not obtain authorization for the above charnel business, and in order to change the facilities of a charnel, it was practically impossible to implement the charnel business, such as obtaining consent from residents.

The Defendants, in collusion with the above D, by deceiving the victim F, and by deceiving him as above, remitted the victim F from the victim F on December 23, 2004 to the remittance of KRW 1,000,000 from the victim F.

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