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(영문) 서울동부지방법원 2017.08.22 2017고합74
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

Of the facts charged in the instant case, it is obtained by deceiving KRW 1.3 billion.

Reasons

Punishment of the crime

The defendant is a person who has worked as the actual representative director of E Co., Ltd. in the Songpa-gu Seoul Metropolitan Government D Building R.

1. On March 26, 2015, the Defendant involved in the investment deposit makes a false statement to the victim CD “E was a company that first constructed a tort in Korea, E was fine for 300 million won for the payment of land purchase price and 400 million won for construction expenses, and upon investing 300 million won for the payment of land and 300 million won for the payment of investment within one year, E shall be held responsible, and 50 million won for the payment of land from the damaged person and 200 million won for the payment of land.” On the other hand, the Defendant receives 50 million won for the same day as of June 11, 2015 for the payment of land purchase price from the damaged person.

7. 24. Minority: 10 million won, and the same year.

8. 80 million won for a around December 12, 199; 70 million won for a around 18th of the same month; and

9. Oct. 10. Grant of KRW 80 million in the form of the purchase price for land or the construction cost for construction, etc., which has been paid 580 million won in total over six times.

However, at the time of fact, E did not have good financial standing and difficult to enjoy profits by constructing a new telecom, and was unable to pay wages and retirement allowances to employees, etc., so the Defendant did not have any intent or ability to use the above money as land purchase cost or construction cost, even if he received money from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 25, 2015, the Defendant involved in a promissory note concluded that “Around September 25, 2015, the Defendant would make a false statement to the victim that “I would like to rent even if the Plaintiff would have been using a promissory note in the name of the victim, the owner of the building would be able to receive 300 million won rental deposit and use it for construction costs,” and that the payment date from the victim would be 300 million won in face value as of August 31, 2016.

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