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(영문) 서울동부지방법원 2016.01.20 2015고단149
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On November 13, 2014, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Eastern District Court, and the said judgment became final and conclusive on January 24, 2015.

[Criminal facts]

1. The Defendant, around October 25, 2013, managed by the Defendant at No. 902 of the Gangnam-gu Seoul Metropolitan Government F building.

G at the office of G Co., Ltd., the company purchased the H land in Gunsan-si, planned to construct apartment buildings, and discovered the method of obtaining a loan for business funds, stating that “If the company wishes to obtain a loan for business funds, it is sent to the victim I, as appraisal cost is required for the purchased land, it shall be given a loan of KRW 15 billion for the land price and project cost.”

However, even if the defendant received appraisal fees, he did not have the intention to request an appraisal, and there was no intention or ability to receive a loan of 15 billion won for the business fund as security.

As such, the Defendant, by deceiving the victim, received KRW 10 million from the victim, to the bank account in the name of J on the same day, and received KRW 40 million from the one bank account in the name of G on October 30, 2013.

2. On November 29, 2013, the Defendant stated that “Around November 29, 2013, the Defendant would have the victim, who was dissatisfied with the foregoing paragraph (1), failed to obtain a loan from the injured party at the G Co., Ltd. office, by means of a false statement, that “The provisional attachment and rearrangement of the land registry at any point above KRW 100 million, and selected the City Construction Corporation, and then would have the PF loan to have the amount of KRW 15 billion borrowed business funds, such as purchase price and construction cost.”

However, even if the defendant received money from the injured party, there was no intention to cancel the registration of provisional seizure established on the above land, and there was no intention or ability to receive the project funds of 15 billion won.

The defendant deceivings the victim as such, and is at the face value of 100 million won on the same day from the victim.

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