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(영문) 서울중앙지방법원 2014.05.28 2014고정1371
사기
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 22, 2008, the Defendant made a false statement to the effect that “The Defendant would build a “D apartment” in the Dongjak-gu Seoul Metropolitan Government Dongjak-gu Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Seoul Metropolitan Government Group E, and the Defendant would be a member of the regional housing association apartment housing association until August 31, 2008.” The Defendant made a false statement to the effect that “The Defendant would change the membership of the local housing association apartment as business promotion expenses.”

However, at the time of the operation of the company E, the defendant did not have experience in implementing the apartment construction agency business, but the defendant did not have the ability to carry out the above business due to the situation in which he borrowed money from others without operating funds of the company E, or was paying monthly salary, service expenses, office rent, etc. from others in return for the payment of money in the name of the business promotion expenses. In addition, the above business was the business planned and carried out by the defendant personally without the consent or response of the local residents, and there was no intention or ability to reduce the status of the member of the apartment of the above regional housing association to the above victim until August 31, 2008, as well as the land purchase, recruitment and establishment of the association members, securing land purchase funds, securing land purchase funds, securing the construction works, securing the apartment construction permission, etc., as the business was planned and carried out by the defendant in person without the consent or response of the local residents.

The Defendant, by deceiving the victim as above, received KRW 10 million in the name of business promotion expenses from the national bank account (Account Number:F) in the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. The police statement concerning B;

1. The confirmation of the status of each member, a certificate of deposit, a notice, a notification, a notarial deed, a written consent to the trade of real estate, a written confirmation, a service contract, and a bank transaction;

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