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(영문) 수원지방법원 2017.01.13 2016고단765
사기
Text

A person shall be punished by imprisonment with prison labor for not less than ten months and by imprisonment for not more than ten months for a crime set forth in the holding of the defendant.

Reasons

Punishment of the crime

The Defendant was sentenced to three years of imprisonment for fraud, etc. at the Seoul Central District Court around April 29, 2008, and the judgment became final and conclusive around August 22, 2008, and the parole period was expired around November 30, 2009, and around May 25, 2010. Around January 31, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for six months at the same court and the judgment became final and conclusive around February 8, 2012.

1. The Defendant’s fraud against the Victim F (2016 senior group 765) was committed by the Defendant, around September 15, 2010, at the H Company’s office operated by the Victim F in G in Innju-si on September 15, 2010, to purchase “I, J, and K land, and to develop the electric source housing complex.

To lend 200 million won to the purchase price for the land, the interest of 3% per month shall be given, and the civil works of the land shall be subcontracted.

“......”

However, the Defendant had no particular property at the time. However, the Defendant was placed in an economic difficult situation, such as not paying wages to the employees of L, a stock company operated by the Defendant, and the aforementioned electric source housing complex development project was merely a vague concept that, without almost any kind of own capital, the Defendant borrowed funds from financial institutions and individuals or can cover business funds through sale in lots, and was in the absence of specific and systematic financing plan. As such, the Defendant had no intention or ability to pay the principal by paying the interest promised to the victim with the profits by creating and selling the electric source housing complex through normal implementation of the project, and there was no intention to subcontract the Civil Works Act to the victim.

The defendant deceivings the victim as above, and he received 200 million won from the victim to receive 200 million won from the same day.

2. The Defendant’s fraud against the victim D (2016 order 3488) around August 2010, at L’s office operated by the Defendant on the fourth floor of the Gangnam-gu Seoul Metropolitan Government MM building, the extent of 20 households for the victim D.

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