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(영문) 부산지방법원 동부지원 2017.04.12 2017고단289
사기
Text

The defendant shall be punished by imprisonment with prison labor for eight months for the facts constituting the crime of paragraph (1) of the judgment of the court and paragraph (2) of the judgment of the court.

Reasons

Punishment of the crime

On February 16, 2012, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Ulsan District Court on February 16, 2012 and the judgment became final and conclusive on February 24, 2012.

1. On November 201, 201, the Defendant against the victim C obtained H development permission to the victim C on the E coffee shop located in Busan East-gu, Busan, on “(State) G G 300,000 square meters,” and the Defendant agreed to take over the Plaintiff’s business right at KRW 10 billion.

If the expenses are lent up to one billion won of down payment, the project right shall be acquired, and the civil works shall be subcontracted after the acquisition of the project right.

“A false representation was made.”

However, in fact, the Defendant merely made a proposal to acquire H development project rights with F (State) but did not have the ability to pay KRW 10 billion for the acquisition price, and the Defendant did not have the intention and ability to give subcontract to the victim by taking over the above H development project rights by taking over the above H development project rights, such as the delayed agreement with F.

Nevertheless, the Defendant, as seen above, received from the injured party by deceiving the injured party as above, a delivery of mountain ginseng equivalent to KRW 400,000 under the pretext of contact on November 12, 201, and received from around that time to May 31, 201, a total of KRW 64,180,000 in total over 27 times as shown in the annexed Table of Crimes (1) from around that time.

2. On December 201, 201, the criminal defendant against the victim I decided to take over the victim I’s “(State) F’s business license in the inspection of a large country located in the Suwon-dong, Busan, to the victim I at KRW 11.8 billion, and there is a need for expenses such as moving the office.

When lending money, it is possible to receive a loan through the project financing of the above business.

“A false representation was made.”

However, in fact, the Defendant did not have the ability to conduct project financing by concluding a contract with F (State) a business license acquisition with the Defendant, and therefore, the Defendant did not have the intent and ability to repay the money to the victim with the loan.

Nevertheless, the defendant is the above.

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