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(영문) 인천지방법원 2016.11.09 2014고단6305
사기
Text

Defendants shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendants conspired to borrow money from victims under the pretext of borrowing money necessary to show people who exercise the lien on the instant building from June 30, 2013, even though the Defendants did not have any circumstance to allow the removal of the instant building until June 30, 2013 due to the need to acquire approximately KRW 10 billion of the total land purchase fund, including the instant building, but the said purchase fund was not provided.

1. On May 15, 2013 and May 17, 2013, the Defendants concluded the instant building demolition contract with the victim at the F Office located on the 11th floor of the building in Gangdong-gu Seoul, Gangdong-gu, Seoul, stating that “Around May 30, 2013, the Defendant would resolve the lien holders of the said building until June 30, 2013 if the Plaintiff leased KRW 200 million separate from the construction cost, and would repay the borrowed money with the money sold from the construction work.”

From May 15, 2013, the Defendants, by deceiving the victims as above, received KRW 100 million from the victims via the Agricultural Cooperative Account (G) in Defendant A’s name, and received KRW 100 million from the same account around the 17th day of the same month.

2. On September 17, 2013, the Defendants stated that, according to the aforementioned conspiracy, the F office of the F office of the said Co., Ltd. around September 16, 2013, Defendant B would resolve the lien holders by not later than October 8, 2013 if the Defendants additionally leased KRW 100 million to the victim, and would repay the borrowed money with the money sold in the construction work commencing the removal work.

However, in fact, the Defendants are also at the same time.

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