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(영문) 서울중앙지방법원 2018.03.28 2018고단1007
사기
Text

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

Reasons

Punishment of the crime

[criminal records] On August 12, 2016, the Defendant was sentenced to six months of imprisonment for a crime of fraud at the Seoul Southern District Court on January 20, 2017, and the judgment became final and conclusive on January 20, 2017. On June 15, 2017, the Defendant was sentenced to five months of imprisonment for a crime of fraud at the same court, and the judgment was finalized on August 21, 2017.

[Criminal facts] The Defendant is a real operator of D Co., Ltd. who conducts real estate development business.

1. On July 2015, the Defendant related to the development of the industrial complex is developing the FF industrial complex to the victim E.

If investment is made, 20% of the profits will be paid.

Since the loan is expected to be extended immediately, the principal and the profits will be paid with the loan.

“False speech was made to the effect that it was “.”

However, in fact, the defendant did not have succeeded to the real estate development project while operating the company, and there was no business fund for the implementation of the development project, and not only did not acquire ownership or right to use the land for the industrial complex, but also did not execute the loan of financial rights. The defendant did not intend to use the money received from the damaged person as the development costs of the industrial complex because he did not have any intention to use the money received from the injured person as the development costs of the industrial complex.

Ultimately, the Defendant, by deceiving the victim as above, was transferred KRW 5,00,000 to the account in the name of D, in total of KRW 20,00,000 on July 16, 2015 and KRW 35,00,000 on July 22, 2015.

2. On November 11, 2015, the Defendant with respect to the leading resort development project was expected to pay back to the Victim E, “The Jeju-do resort development project is being carried out, and the foreign capital is attracting to that project, and the foreign currency is expected to come into Korea. If it is lent the necessary expenses, it shall be promptly repaid including the money borrowed previously.

“A false representation was made.”

However, in fact, the Jeju-do Riart development project that the defendant was proceeding.

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