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(영문) 서울중앙지방법원 2014.01.15 2013고단7874
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On June 15, 2010, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Seoul Central District Court for a period of eight months, and the judgment became final and conclusive on November 5, 2010.

【Criminal Facts】

The defendant was unable to repay bank obligations since 2004 and was engaged in real estate business by creating a corporation under another person's name under bad credit standing.

On September 26, 2006, the defendant introduced the victim C who was engaged in the sales agency business through the introduction of the branch, and the victim received the main complex construction business license in the Seoul Special Metropolitan City Gwanak-gu D redevelopment area, and made it possible to conduct the sales agency business after 4.5 months from the principal place of deposit. However, on September 26, 2006, the defendant did not take over the above business license, unlike the agreement, and was urged to return the above 40 million won from the victim because the defendant was not allowed to exercise the right of sales agency.

On May 18, 2007, the Defendant made a false statement to the victim C, stating that “D main complex building construction project is in progress, but the FJ apartment construction project in Busan-gu is almost in progress, so it is possible to proceed promptly more than D project if it is possible to proceed immediately for a period of four months. Therefore, 100 million won as a security deposit for sale in lots is a security deposit for sale in lots.”

However, in fact, the defendant did not receive a new construction project right or hold a business right of the above Busan-gu Busan-gu G, Busan-gu G, and at least paid a down payment to purchase the land subject to the project from the land owners in order to carry out such project, but the defendant did not pay the down payment to the land owners due to bad credit and insufficient funds to the extent that it is impossible for them to raise such funds, and the down payment is made to the land owners.

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