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(영문) 의정부지방법원 고양지원 2016.06.10 2015고단1316
사기
Text

The defendant shall be punished by imprisonment with prison labor for the crimes of No. 1 or 3 in the judgment of the court, and a fine of 10 million won for the crimes of No. 4 in the judgment of the court.

Reasons

Punishment of the crime

[Power of crime] On December 10, 2009, the defendant was sentenced to one year to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on December 10, 200, and the judgment became final and conclusive on February 25, 2010.

[Criminal facts] 【2015 High Order 1316】

1. On April 18, 2008, the criminal defendant against the victim C made a false statement to the victim C at the mutual infinite coffee shop located in Seocho-gu Seoul Metropolitan Government Seocho-gu, Seoul, stating that “The victim C would give KRW 200 million principal and interest KRW 300 million after the loan of KRW 400 million as it is necessary to complete the work but it is necessary to pay money.”

However, the defendant did not have the ability to raise the project cost equivalent to KRW 250 billion required for the above enforcement project at the time, but did not have any other property. Rather, even if he borrowed money from the damaged party due to the liabilities equivalent to KRW 1.5 billion such as personal debt, he was thought to use it for the above enforcement project and did not have the intent or ability to pay the principal and interest to the injured party.

The Defendant, as such, by deceiving the victim, received delivery of KRW 200,000,000,000 from the victim, in total, KRW 50,000 from the same day.

2. On July 15, 2008, the Defendant made a false statement to the victim E at a law firm G office located in the Seoul Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City F, stating that “If the Defendant is the representative of the executor of the building in Busan Jung-gu, he would have the right to sell the building as a sales agent if he bears the deposit money.”

However, even if the defendant receives the deposit from the injured party, he did not have the intention or ability to exercise the right to sell it to the injured party.

The Defendant, as such, by deceiving the victim, was given KRW 110 million from the victim who was under his control.

【2015 order 3566】

3. The fraud I for the victim H is a person engaged in the construction business, and the land in Gangnam-gu Seoul Metropolitan Government J (hereinafter “the instant land”) obtained a loan of 10 billion won from the Hongk Mutual Savings Bank around January 2006.

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