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(영문) 서울중앙지방법원 2017.12.06 2017고합370
특정경제범죄가중처벌등에관한법률위반(사기)
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

1. The summary of the facts charged is a person engaging in construction business.

On February 3, 2009, the Defendant purchased the site for the project to build a complex apartment in the state from the (State) EE Office located in Seocho-gu Seoul Metropolitan Government, from the victim F, and from the Cheongnam-si, from the Cheongnam-si, the Cheongnam-si.

In the short of funds, interest on the loan of money shall be calculated by 30% per annum and paid monthly in installments.

A false statement was made to the effect that the construction business operator will pay the principal immediately as the principal is selected, and that the main apartment and commercial building will be additionally paid after the completion of the construction work.

However, the facts have been operated together with G that the defendant was a child.

In the situation where H’s financial status has deteriorated and the interest to be paid every month reaches KRW 40 billion, and the amount is KRW 330,000,000,000, unlike the plan regarding the Cheongju I housing project, the source of real estate was low and the project was not selected, and even if it was received from others, even if it was not possible to receive money from others, the intention or ability to pay it up to the agreed date was insufficient.

Nevertheless, the Defendant, as seen above, received a total of KRW 2,50,000 from the time to December 29, 2015, a sum of KRW 2,005,50,000 from the time to time, as shown in the list of crimes in the annexed crime, by deceiving the victim and receiving transfer from the victim to the one bank account in the name of G, as well as from the time to December 29, 2015.

Accordingly, the defendant acquired money from the damaged person.

2. The Defendant and his defense counsel asserted that the Defendant borrowed money from the damaged party due to lack of funds while normally running a new apartment construction project on the Cheongju-si, and did not defraud money by deceiving the injured party.

3. Determination

A. The establishment of a crime of fraud through the defraudation of the relevant legal principles is determined as at the time of borrowing.

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