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(영문) 서울서부지방법원 2012.08.16 2011고단2293
사기
Text

Defendant shall be punished by a fine of KRW 15,000,000.

If the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

"2011 Highest 2293"

1. The Defendant entered into a sales contract for 2.1 billion won for the purchase price with F, the owner of the instant building, in the name of E, with respect to the building of the first and sixth floor above ground in Cheongju-gu, U.S. (hereinafter “instant building”). However, the Defendant merely paid KRW 40 million out of the down payment of KRW 140 million, and did not have any particular property and income and did not have any circumstances to pay the remainder of the purchase price. Since the Defendant did not have the authority to dispose of the said building, even if he was entrusted with the large-scale repair construction of the building, such as interior construction, the Defendant did not have the intent and ability to pay the construction price at a fixed time.

2. On January 1, 2011, the Defendant against the victim G runs from the first floor of the Home Packer in Dongdaemun-gu Seoul, Dongdaemun-gu, to the victim G as if he/she was the owner of the instant building. “When he/she performs heating and cooling works on the above building, he/she shall be paid construction cost of KRW 90 million, and the down payment of KRW 10 million shall be paid from January 10, 201 to the victim G.

1. Between around 15.10: (a) around January 20, 201, the intermediate payment of KRW 20 million and KRW 30,000 will be paid upon completion of the Corporation.

3. Around January 5, 2011, from January 5, 2011 to January 15, 2011, the Defendant had the victim construct a foundation for heating and cooling equipment equivalent to KRW 18.5 million from the above D, thereby acquiring pecuniary benefits equivalent to the same amount.

The payment of the down payment and the construction cost has already been made, but the intermediate payment has been lent the principal within 1-2 months, and the profit will be paid.

"Finally false."

However, the Defendant did not pay KRW 100 million out of the down payment of the above building sales contract and the interior interior interior interior of the building, and there was no particular income. Therefore, even if the Defendant borrowed money from the victim, it did not have the intent and ability to repay it within one to two months.

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