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(영문) 수원지방법원 2014.05.21 2013고단2012
사기
Text

Defendant

C Imprisonment for a year and six months, for a defendant A, for a period of eight months, and for a defendant B, for a period of ten months, respectively.

(b).

Reasons

Punishment of the crime

[Criminal Justice] On April 4, 2012, Defendant C was sentenced to ten months of imprisonment for fraud and two years of suspended sentence, and the above judgment was finalized on July 27, 2012. On March 14, 2013, Defendant C was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Punishment, etc. of Specific Economic Crimes (Fraud) at the same court on March 14, 2013, and the above judgment became final and conclusive on August 29, 2013.

[2013 Highest 2012 Crime] Defendant C is a person operating H from around 2003 to Sungnam-si G from Sungnam-si, and Defendant A is a person who is acting as an agent for the sale of an apartment by the time of 2011 and was acting as an intermediary for it.

1. Defendant C

A. On January 2008, Defendant C made a false statement to the effect that “When he/she was selected as an implementer for 2,000 households newly constructed in the construction of J hotel L in the Gyeonggi-si, he/she would pay 100 million won within three months if he/she lent 100 million won to B, he/she would have the right to sell apartment units as an agent if he/she fails to pay her.”

However, the above apartment construction project has been delayed since 2003, and the defendant C did not have any specific revenue or property at the time, and even if it borrowed KRW 100 million from the victim because the victim did not have the right to sell the apartment, there was no intention or ability to repay it.

Nevertheless, Defendant C, as seen above, received a total of four times, including: (a) the victim by deceiving the victim and then transferred KRW 40 million to the account in the name of Defendant C on January 15, 2008; and (b) the amount of KRW 40 million on January 24, 2008; and (c) the amount of KRW 20 million issued in cash and KRW 20 million around that time.

B. On February 25, 2009, Defendant C was selected by the victim M in the coffee shop located in Suwon-si on February 25, 2009 as an implementer for 2,000 new apartments constructed in the Gyeonggi-si L with the president of H as an implementer for 2,00 households.

6 months later.

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