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(영문) 서울북부지방법원 2016.08.24 2015고단4351
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

(2016 Highest 1835) Defendant would pay KRW 10,850,00 as construction cost on February 2, 2015 at the Seongbuk-gu Seoul and D office of Seongbuk-gu Seoul, 203, and the victim E at the victim E’s office.

The construction work refers to the purport of “,” and on July 9, 2015, the construction work amount equivalent to KRW 60,000,000,000, including the future construction work, will be paid in cash in lieu of payment of the construction work amount already incurred, with the substitute payment of KRW 10,000,000 in Seongbuk-gu Seoul Metropolitan Government G 103 Dong 101 (hereinafter “instant store”).

“Along with the period from around September 2015 to around September 2015, construction was performed by the same method nine times, such as the list of crimes in the attached Table.

However, at the time, the Defendant was under dispute due to the failure to pay the H construction cost that was executed by around 2013, and the Defendant was a bad credit holder with bad credit standing in arrears. Therefore, construction business was conducted upon the registration of another person. From July 9, 2015 to July 9, 2015, in relation to the above Seoul Seongbuk-gu Seoul Seongbuk-gu land, which was the site of the store where the victim intended to pay the substitute debt, the maximum amount of the claim was set at a majority of the mortgage worth KRW 1.833 billion. In order to cancel the above mortgage, the Defendant obtained a loan from the central association of the fisheries cooperative, and on October 26, 2015, the ownership registration of the above building on the above land was not possible to sell the above store to the victim under the name of the Mapo-gu trust by making the ownership transfer registration to the said several cooperatives, even if the construction was done to the victim, there was no intention or ability to repay the real property equivalent to the said amount.

As above, the Defendant, by deceiving the victim as above, had the victim do construction work equivalent to the total amount of KRW 48,316,000, thereby acquiring pecuniary benefits equivalent to that amount.

[Crimes List] On March 1, 2015, 201 to March 30, 2015, the Seongbuk-gu Seoul FE.

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