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(영문) 서울중앙지방법원 2016.06.29 2013고단7763
사기
Text

1. Two years of imprisonment with prison labor for the crimes set forth in the judgment of Defendant A, and for the crimes set forth in the judgment of the court below, with prison labor for each of the crimes set forth in the judgment below.

Reasons

Punishment of the crime

On September 9, 201, Defendant A was sentenced to two years of imprisonment for a term of fraud at the Seoul Central District Court for a term of one year, and the judgment was finalized on November 19, 201. Defendant B was sentenced to two years of suspension of execution for a term of six months at the Seoul Central District Court on May 17, 2012. The above judgment was finalized on May 25, 2012. On November 8, 2012, Defendant B was sentenced to one year and four months of imprisonment for a term of fraud at the Seoul Central District Court for a term of one year and four months, and the above judgment became final and conclusive on November 10, 2012.

Criminal facts "2013 Highest 7763"

1. Defendant A, around December 22, 2010, lent funds necessary for the business of remodeling the F of the Gyeonggi-do, Yeongdeungpo-gu, Seoul. Defendant A around December 2, 201 to the victim E (hereinafter “Defendant A”) in an influence near the Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, to repay on or before January 31, 2011, and paid KRW 500 million as the management remuneration upon commencement of the business on April 201.

The phrase “ makes a false statement.”

However, in fact, Defendant A did not have any intent or ability to complete payment even if he/she borrowed money from the damaged party due to lack of assets with bad credit standing.

Defendant

A acquired a total of KRW 150 million on the same day and KRW 3 million on the 27th day of the same month from the damaged person, including KRW 180 million on the same day and KRW 3 million on the 27th day of the same month.

Defendant B is the representative director of G Co., Ltd., a company specializing in the removal of structures, and is the actual representative of H Co., Ltd., a company specializing in the removal of other structures, and Defendant A is the actual representative of Co., Ltd. I, an implementing private person.

2. Defendant B’s sole crime committed by Defendant B around July 201, at the victim K’s office located in the 6th floor in the Dongjak-gu Seoul Metropolitan Government J shopping district, Defendant B planned to undertake apartment construction in the Dong-gu, Gwangju Metropolitan City L, and 75 lots of apartment construction (hereinafter “M apartment construction”). Defendant B planned to remove the building from our company.

If our company removes at the above construction site, it has the right to dispose of scrap metal, the name of deposit money shall be changed as it reduces the right to dispose of scrap metal. On the other hand, it shall be changed to KRW 100 million.

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