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(영문) 서울동부지방법원 2014.04.17 2012고단2575
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power】 On August 12, 2009, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court, and the above judgment became final and conclusive on August 20, 2009, and on September 9, 2009, the Seoul High Court sentenced to a suspended sentence of two years for fraud, etc. on September 17, 2009, which became final and conclusive on September 17, 2009, and on March 25, 2010, three years of a suspended sentence of one year and six months for fraud at the Seoul Central District Court, which became final and conclusive on April 2, 2010, and on August 14, 2012, the above judgment became final and conclusive on September 27, 2012.

[2012 Highest 2575] On March 9, 2011, the Defendant: (a) introduced 2 lots, such as Nowon-gu, Nowon-gu, Seoul (hereinafter “instant land”) to D, the actual operator of the Victim C Co., Ltd. as the site for a reconstruction project; and (b) had concluded a contract to purchase ten billion won from F of the land owner on the loan of the victim to obtain money from the victim.

Around April 15, 2011, the Defendant did not borrow 200 million won from the office of the victim in Seocho-gu Seoul Metropolitan Government G3, while the facts did not intend to borrow any property or income in the state of bad credit standing from around 2001 to the point of credit, and there was no agreement with the victim at the intervals of lending 7 billion won to the victim from NAC as security. Even if the Defendant borrowed money from the victim for the purpose of criminal agreement, the Defendant merely thought it to use it for personal living expenses, etc., not for criminal agreement, but for personal living expenses, and even though the victim did not have the intent or ability to repay money to the victim, the Defendant is bound by the victim without the consent of the victim.

In relation to the reconstruction project of the land of this case, the reconstruction project is already conducted when the loan of security amounting to KRW 7 billion has already been talked at the end of the 190,000,000,000,000,000.

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