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(영문) 대전지방법원 2014.02.19 2013고합238
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged in this case was sentenced by the Daejeon High Court on May 20, 2009 to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc. on May 21, 2009, and the said judgment became final and conclusive on May 21, 2009. On December 15, 2011, the Daejeon District Court sentenced four months of imprisonment with prison labor for a crime of fraud, which became final and conclusive on December 23, 2011.

From March 8, 2006 to September 30, 2008, the Defendant was the representative director of the Daejeon Seo-gu Seoul Building A (E) Dong 301, a corporation established for the purpose of selling commercial buildings and selling agency business (hereinafter “D”).

On July 4, 2006, the Defendant made a false statement to the victim E that “The Defendant is promoting the sale of a commercial building (602 building) in the F apartment complex at the time of Jinhae at present from D where the domestic representative director is the representative director. If the Defendant invested KRW 500 million with the investment deposit in the above 602 commercial building, he shall acquire the sales contract at the time of this contract and deliver it immediately, and return the principal and profit within 60 days.”

However, on March 8, 2006, the Defendant had a debt equivalent to KRW 1.5 billion at the time of the establishment of the said D in light of damages related to the investment in commercial buildings. While the provisional contract was concluded to purchase the said 602 602 dong stores in a total of KRW 3.5 billion, the Defendant did not have an ability to pay the said provisional contract amount of KRW 350 million and did not have an intent or ability to pay the investment amount and the profit in accordance with the terms and conditions agreed even if the Defendant received the investment amount from the victim by lending the said provisional contract amount, and even if he did not have an intent or ability to pay the investment amount and the profit in accordance with the said terms and conditions.

Nevertheless, the Defendant received KRW 500,000 from the victim's account in the same day.

After all, the defendant deceivings the victim to take the property by deceiving him.

2. The summary of the defendant's and his defense counsel's assertion has invested KRW 500 million from the victim, as stated in the facts charged of this case, and the amount of investment and profits therefrom.

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