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(영문) 서울중앙지방법원 2015.05.15 2014고단8790
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

1. On March 21, 2008, the Defendant: (a) around March 21, 2008, at the victim D’s office located in Songpa-gu Seoul building 202, the Defendant: “Around March 21, 2008, the Victim D was established by the corporation “(ju) to carry out F business on the ground of 131 lots of land, Jeonnam-gun E; (b) entered into a contract for golf courses and golfel construction; (c) the implementer was to obtain loans from one bank, merz securities, etc.; and (d) the Plaintiff entered into an agreement for promoting F business with the acquisition of a corporation; (b) the amount of KRW 200 million is required to obtain loans necessary for acquiring the said corporation; (c) the Plaintiff would be paid KRW 300 million within one month after receiving the PF loan; and (d) the Plaintiff would be paid KRW 200 million out of the PF loan to the Investment Center.”

However, the defendant did not have any authority over the F business conducted by (State)G, and there was no oral contract to take over (State)G corporations, and there was no intention or ability to prepare funds equivalent to KRW 10 billion necessary to take over (State)G corporations or to purchase F business sites.

In addition, the Defendant was thought to use the money borrowed from the victim to I without any connection with the F business in a personal necessary place, such as paying the money to the victim, and there was no other self-sufficiency, so there was no intention or ability to repay the money even if the victim borrowed money from the victim.

The Defendant, as such, deceiving the victim and delivered 123 million won from her seat to her seat, and the Defendant, from January 2008 to June 26, 2008, as well as attached list of crimes related to F: Provided, That “damage amount” in No. 3 of the above list of crimes, “125 million won” is “18,4.5 million won on June 18, 2008, and “the 26.43 million won on June 26, 2008,” respectively.

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