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(영문) 서울중앙지방법원 2018.07.25 2016고단9435
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[criminal records] On January 29, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution at the Seoul Central District Court, and the judgment was finalized on February 6, 2015.

[2016 Highest 9435]

1. On January 3, 2014, the Defendant made a statement to the victim C on the fifth fifth floor of the Gangnam-gu Seoul Metropolitan Government Dteltel that “A housing site development permit was granted to approximately 40,00 square meters and approximately 140,000 square meters outside Switzerland, and for construction, expenses, such as appraisal cost, are required.”

However, in fact, the Defendant did not have obtained the housing site development permit for the above land, and there was no authority over the above land, so even if the Defendant received the appraisal cost from the injured party, he did not have the intent or ability to execute construction work for the above land.

As such, the Defendant, by deceiving the victim, received a total of KRW 19,00,000 from the injured party as stated in the List of Crimes (1) and received a total of KRW 19,00,000,000 from the injured party, and had the Defendant pay 20,000,000 to the injured party for the payment of the construction design down payment to be made by the Defendant.

2. On March 10, 2014, the criminal defendant against the victim F told the victim F to the effect that “The victim F shall find out an appraisal report on the H restaurant located in Gangnam-gu Seoul Metropolitan Government, and the victim F, “Scheon-si E, and 17 parcels.” The victim F, who borrowed the appraisal report due to the lack of appraisal cost, borrowed the report and received the loan, repaid the money as the loan was received, and made a civil construction work.”

However, in fact, the Defendant did not have any authority over the above land, borrowed money from the damaged party due to the lack of appraisal and issuance, and did not have any intent or ability to allow civil construction works on the above land.

The Defendant, as such, by deceiving the victim, received a total of KRW 34,00,000 from the injured party on six occasions as indicated in the List of Offenses (2).

[2017 Highest 7236]

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