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(영문) 서울중앙지방법원 2018.01.17 2016고단9265
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Around July 17, 2015, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court in October, 2015, and the judgment became final and conclusive around the 25th day of the same month.

In fact, the Defendant: (a) from May 2009, when carrying out various projects without one’s own capital, the Defendant solely borrowed funds from others or prepared a plan to cover funds required for operating the projects with investments, and did not have a specific and systematic financing plan; (b) thus, there was little possibility of success in the project; (c) further, there was little possibility that the C Design Service contracts and the overseas real estate development projects, which the Defendant actually carried out, could cover funds required for the implementation of the projects with a very large scale of funding, and therefore, even if the Defendant received investments or loans from the victimized party, the Defendant did not have the intent or ability to pay the principal and interest or profits from the proceeds from the success of the project.

Nevertheless, on June 2009, the Defendant: (a) at F’s office operated by the victim E in the third floor of the D Building in Gangdong-gu Seoul, Gangdong-gu, Seoul; (b) acquired the victim’s financial resources of KRW 500 billion, and (c) acquired the victims’ financial resources of KRW 500 billion to build golf courses and golf telecoms; and (d) intended to receive design services equivalent to KRW 15 billion.

In order to receive design services, it is necessary for the private placement of the G president to provide money to the private placement of the G president so that it is necessary to provide 20 million won, and if so, it is intended to receive design services and return it with the profit received.

“Along on July 1, 2009, around 1, 2000,000 around July 1, 2009, from the damaged person, was transferred KRW 10,000,000 to the deposit account under the name of the Defendant, as a deposit account under the name of the Defendant.

In addition, the Defendant, from around that time to May 7, 201, deceiving the victim about 19 times in total, such as the list of crimes in the annexed list, and making investments from the victim.

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