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(영문) 서울북부지방법원 2011.02.11 2010고합237
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant was a person who operated D Co., Ltd.

D Co., Ltd. paid only KRW 500,000,000 as down payment by taking over KRW 18,60,000,000 from E on May 18, 2004 to E with a business license to execute construction of an officetel on land, other than F of Gangseo-gu Seoul Metropolitan Government, and the remainder of KRW 18,100,000,000 until June 30, 2004. However, it was a situation where the contract was terminated with E Co., Ltd. on February 1, 2005 because it was impossible to pay any balance due to the failure of a loan from a financial institution by the above date, and there was no fact that the two Industries Co., Ltd. has become final and conclusive as the construction work at the time of the above construction work.

Therefore, even if the victim received money from the victim, the defendant did not have the intent or ability to pay 5% of the right to implement the above officetel construction project in return, and the defendant did not have the intent or ability to pay it. On March 23, 2005, the defendant paid 1,700,000,000 won to the victim H in Guro-gu Seoul Metropolitan Government, and the victim paid 1,70,000,000 won to the company E, which was the implementation company of the new construction of the office building project in Gangseo-gu, Seoul, and received the above office building construction project in return for the transfer of the right to execute the above office building project, and entered into a contract by selecting the two companies as the Si Corporation. If the company invests 2,50,000,000 won, the above office building project is jointly implemented and 55% of the share of the right to implement the above office building project in return for the share of the above office building project from the victim.

5. Between 16. and 16., a total sum of KRW 560,00,000 was received five times in the same way as the list of crimes in the same way, and acquired it by fraud.

Summary of Evidence

1. Each statement corresponding thereto in this Court by the witness H, J and K;

1. Each protocol of examination of the accused prepared by the public prosecutor, which corresponds thereto;

1. The police;

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