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(영문) 서울중앙지방법원 2015.01.15 2014고단512
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On October 13, 2005, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Seoul Central District Court, and the execution of the sentence was terminated on July 28, 2006 and the parole period expired on November 2, 2006. On December 17, 2014, the Defendant was sentenced to one year of suspension of the execution of imprisonment for six months at the Suwon District Court for fraud, and the judgment became final and conclusive on December 25, 2014.

From around 2008, the Defendant: (a) from D Co., Ltd. (hereinafter “D”), the actual operator of D Co., Ltd. (hereinafter “D”) raised funds necessary for D Co., Ltd.’s new construction project, D Co., Ltd.’s new construction project in Suwon-si F, the Defendant would receive part of the funds as a fee; and (b) received money from the Defendant.

The Defendant listens to the horses that the victim I want to purchase the said land from the G, a land owner located in Echeon-si, Leecheon-si, and around January 16, 2009, the Defendant plans to use the victim’s “in-house D director.” The Defendant provided the said land as D employees apartment site (hereinafter “each of the instant lands”) with the size of 347 square meters before J. 347 square meters, K 24 square meters, L previous 274 square meters, M Miscellaneous land, and 49 square meters (hereinafter “each of the instant lands”) for D employees apartment site. However, at present, there is no money to purchase the said land. Until April 5, 2009, there is no problem in paying the purchase price for the said land. On the other hand, the Defendant provided the said land as collateral and provided the remainder of the down payment without paying the purchase price for the said land.”

However, at the time, D was unable to complete the construction due to the lack of financial circumstances, and the defendant or D did not have any special financial resources or revenue, and the project fund will continue to take place, and even if the land was financed as collateral, D did not have the intent or ability to pay the purchase price of the land to the victim.

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