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(영문) 서울남부지방법원 2016.12.02 2013고합83 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

Defendant

A Imprisonment with prison labor for three years, and for ten months, for each of the defendants B.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

A on June 25, 2015, was sentenced to eight months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on September 10, 2015.

Defendant A (Defendant A) is a representative director of G Co., Ltd. (hereinafter referred to as “G”) who has promoted redevelopment projects for 3,185 square meters on the 83 H Japan in Dongjak-gu Seoul Metropolitan Government.

On March 16, 2006, the Defendant made a false statement to K at the 8th floor G office of the Yeongdeungpo-gu Seoul Metropolitan Government International Building, stating that “If the Defendant is running redevelopment projects on the land of Dongjak-gu P, Seoul, but the Defendant borrowed KRW 500 million to K, the Defendant would pay KRW 772,00,000 on June 21, 2006, which was later three months after the date of the loan, and would create a collateral security corresponding to the loan amount in the second order with respect to L, M, NL L, 202, which is the main area within the Seoul Metropolitan Government P Redevelopment Project site.”

However, the Defendant borrowed 1.3 billion won in relation to the redevelopment project from O on the same day (after that, on March 22, 2006 and around March 23, 2006, to receive KRW 1 billion in the bank account in the name of G) and was expected to incur a large amount of debt. The redevelopment project was not well-grounded in the situation where the funds were not available, but it was not clear whether the loans for the development project will result in itself. Although the Defendant established the right to collateral security in the major areas within the above project site, it was actually established the right to collateral security on the site where the amount was not 100 million won and it was not able or able to repay it when the Defendant borrowed money from the victim.

Ultimately, around March 22, 2006, the Defendant, by deceiving the victim as above, received a total of KRW 500 million from the victim to the bank account in the G name and the national bank account, and acquired it by deceiving the victim.

The Defendant is the representative director of G, who is the executor of a housing construction project, of the "P District Housing Association".

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