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(영문) 수원지방법원 안양지원 2018.12.07 2014고단179
사기등
Text

Defendants 2014, 2016, 329, 2016, 2015, 2015, 876, 1 and 2-2.

Reasons

Punishment of the crime

On September 19, 2012, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud in the support for the development of the Sugwon method, and on September 27, 2012, the judgment became final and conclusive on September 27, 2012. On November 21, 2013, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud from the Sugwon method to the six-month period, and the judgment became final and conclusive on November 29, 2013.

Criminal facts

"2014 Highest 179"

1. The Defendant, around March 12, 2013, at the G apartment sales office in Yeongdeungpo-gu Seoul Metropolitan Government E Building F on March 12, 2013, means that “I will bring the scrap metal coming from the construction site of the G apartment, G apartment, 80 new construction site,” to the victim C, and thereafter, I would like to give the victim a scrap metal coming from the construction site of an officetel located in Yeongdeungpo-gu I, Seoul Metropolitan Government, at the same time as the above apartment site does not exist, and instead, I would like to bring the scrap metal coming from the construction site of an officetel located in the Gu.

B. A false statement was made to the effect that, on March 20, 2013, the 10 million won was lent to B, the scrap metal coming from the above site was given until March 20, 2013, and the said money was repaid by the end of the following month.

However, at the time H representative did not have any authority in connection with the above apartment construction, and the defendant was merely to undertake the selection of the construction works and the acceptance of only the bank loan business from K, the executor of the construction site of the above officetel, and to prepare a formal transfer contract. In fact, since there was no authority in the construction site of the above officetel, there was no intention or ability to pay scrap metal to the victim. Since there was no specific property at the time and there was no fixed income, there was no intention or ability to pay the said money from the victim, even if he borrowed the above money from the victim.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 3 million on March 16, 2013 from the victim, to the M bank account (N) in the name of the Defendant’s wife, and granted KRW 9.5 million on March 16, 2013, KRW 4.6 million on the 20th of the same month, and KRW 1.9 million on the 26th of the same month.

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