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(영문) 서울남부지방법원 2013.11.28 2013고단1516
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On December 3, 2009, the defendant was sentenced to two years and six months to the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Southern District Court on December 3, 2009, and the above judgment became final and conclusive on February 12, 201, and the parole period on October 28, 201 was terminated on November 26, 201.

On April 4, 2007, the Defendant made a false statement to the victim G, who operates F Co., Ltd. at the office No. 601 office in Seocheon-gu, Seocheon-gu, Busan, 2007, stating that “The Defendant would promote the construction of I hotel in H, enter into the first contract for construction works, and later enter into the second contract for construction works, and would purchase the second construction site and repay it within two months at the latest.” In short, the Defendant prepared a written construction contract under the name of the H representative director “J” and affixed the corporate seal impression which was forged in advance.

However, the actual operator of H was registered as the representative director by K, and the defendant was not authorized to engage in the contract work, and the above business was difficult to start up due to the lack of funds. The defendant was urged to pay KRW 80 million borrowed from L around January 25, 2007 and around January 31, 2007, he borrowed KRW 150 million from the victim and used KRW 80 million from the victim to pay the debt, and the remaining KRW 70 million was thought to be used for personal purposes, so the victim did not have the ability to pay the hotel work for the victim, and there was no intention to use the above KRW 150 million for the purpose of purchasing the second site, and there was no ability to pay money after two months after the lack of funds.

As above, the Defendant, by deceiving the victim, received KRW 150 million from the victim, to the bank account in the name of L to the bank account in the name of L.

(i) the evidence;

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