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(영문) 서울중앙지방법원 2017.07.06 2016고합1135
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

The defendant is not guilty. The summary of the judgment against the defendant shall be published.

Reasons

1. Summary of the facts charged

A. The facts that the Defendant against the victim B did not have any special property or monthly income, and not only did the transfer income tax amounting to KRW 300 million were delinquent, and there was no fact that he participated in the redevelopment project of Songpa-gu Seoul Metropolitan Government apartment complex C. Therefore, even if he borrowed money from the victim B or received it as the sale price, there was no intention or ability to repay the borrowed money or to allow the purchaser to purchase the redevelopment apartment unit.

Nevertheless, the Defendant would allow the victim to purchase the redevelopment apartment on the face of the money that the expenses are required to execute the redevelopment apartment in Songpa-gu Seoul, Songpa-gu, Seoul. In September 2009, the Defendant would be able to purchase the redevelopment apartment on the face of the victim's work in the E-style House where the damaged party works in Gangnam-gu Seoul.

“A false statement,” and its affiliation received KRW 20 million from the injured party as the sale price on September 9, 2009, as well as KRW 142,50,000,000 from around that time to January 2015, all of the following crimes, such as the list of crimes (1) in attached Form 11, including the loan or the sale price, in total, 11 times from around that time.

As a result, the Defendant, by deceiving the victim, was given KRW 142.5 million from the victim.

B. The Defendant, in violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the victim F, did not have any special property or monthly income, and was delinquent in paying transfer income tax amounting to KRW 300 million. In relation to the enforcement of the “H” located in Gyeonggi-gu G (hereinafter “H”), only entered into a service contract, such as a Si event and a sales agency, and did not receive a PF loan. A construction-related private corporation I (hereinafter “I”) only received a contract with the intent to participate in construction, but did not select a contractor, and it was not clear whether the construction-related authorization or permission was granted, thereby making it difficult to expect the funeral profit.

Therefore, even if the victim F receives H subscription money from the victim F, it shall be used for living expenses or expenses.

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