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(영문) 서울중앙지방법원 2011.12.21 2010고단2917
사기
Text

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

Reasons

Punishment of the crime

[2010 Highest 2917]

1. On May 15, 2008, at the office of Seocho-gu Seoul Metropolitan Government, the Defendant: (a) around May 15, 2008, at the office of the Seocho-gu Seoul Metropolitan Government, made a monetary loan agreement and a letter of payment with the victim D, stating that “I will succeed to the membership of the above G apartment, if I will succeed to the membership of the company E; (b) I lend KRW 90,000,000,000,000,000,000,000,000,000,000,000,000,000 won is deducted due to the shortage of the business funds.”

However, at the time of the fact, it was difficult to implement the apartment project located in Gwangju City as a matter of building permission, etc., and the defendant was liable for the debt amounting to approximately KRW 1.43 billion from the second financial right by lending the name of C, and the above G apartment was in the state of provisional attachment and provisional disposition, etc. for the right to claim for ownership transfer registration of real estate against the above G apartment, and the right to collateral security equivalent to KRW 880 million with respect to KRW 1917 square meters owned by the defendant was established, and the defendant did not have any intent or ability to repay it even if he borrowed money from the victim.

The Defendant, as above, by deceiving the victim, received KRW 90 million from the victim on the same day.

[2010 Highest 6011]

2. On June 2008, the Defendant is the person in charge of the Seoul Branch Office of the victim in the “K Hospital” office operated by the victim J, which was located in Ansan-si Office in the Seoul Special Metropolitan Branch Office of the Japanese Investment Finance Company.

Japan's Characters and people related to the character and agreed to establish the Seoul Branch from the character of Japan.

The office shall be transferred by taking charge of the character Korean branch, and the principal of the loan shall be immediately borrowed when the party invests KRW 100 million in the office.

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