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(영문) 서울중앙지방법원 2013.09.06 2013고단485
사기등
Text

A defendant shall be punished by imprisonment for one year.

All applications for compensation order filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 12, 2007, the Defendant was sentenced to three years of imprisonment for fraud, etc. in the Sungnam Branch of the Seoul Central District Court on May 16, 2009, and the execution of the sentence was completed at the Gyeongbuk Branch of the Seoul Central District Court on April 25, 2013, and on June 25, 2013, the said judgment became final and conclusive on June 25, 2013.

【Criminal Facts】

Around March 2011, the Defendant made a false statement to the effect that “In the Gangnam-gu Seoul Metropolitan Government E 1st floor (State) F Office there is no business fund for the victim G to start real estate business again, and there is a lot of business projects, such as a flat and flat site, and there is no funds for the business. When lending money, the Defendant would repay the principal and profit after three months, and the sale price of the building without Dongdaemun-gu Seoul Dongdaemun-gu H apartment is KRW 100 million and KRW 58 million.”

However, the facts are that the Defendant had a debt of 200 million won at the time, and even if she borrowed money from the victim, there was no intention or ability to pay principal and profit after three months, and there was no intention or ability to cause H apartment to purchase it.

Nevertheless, on April 14, 201, the defendant deceivings the victim as above, and 30 million won into an enterprise bank account under the name of the defendant on April 14, 201; and

5. 12. One million won for a single account and the same year.

8. 12.12. Each remittance of KRW 9.7 million and the sum of KRW 59.7 million was acquired by deception.

around April 20, 2012, the Defendant: (a) constructed a building on the JJ land owned by the victim I and entered into a business agreement with the victim to open a restaurant on the above building and distribute the profits therefrom; (b) the costs of the construction are jointly borne by the victim; (c) the Defendant sold the land owned by the victim in lieu of the land owned by the victim; and (d) agreed to cover the costs of the construction with the purchase price.

On June 12, 2012, the Defendant sold to L the Gyeongjin-gun, G, the victim's words, and sold to L the same from L.

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