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(영문) 의정부지방법원 2016.07.06 2014고단4447
사기
Text

Defendant

A Imprisonment with prison labor for two years and for one year and six months, respectively.

Defendants are jointly and severally liable.

Reasons

Punishment of the crime

[criminal record] Defendant A was sentenced to imprisonment with prison labor and six months for a violation of the Narcotics Control Act at the Chuncheon District Court on June 10, 2013, and the said judgment became final and conclusive on December 13, 2013. Defendant B was sentenced to a suspended sentence of imprisonment with prison labor for four months due to a crime of occupational injury and actual injury at the Jung-gu District Court on April 7, 2014, and the said judgment became final and conclusive on April 5, 2014.

[Criminal Facts]

1. The Defendants decided to carry out the construction of the apartment building E in Gyeonggi-gu, Gyeonggi-do.

On October 10, 2012, the Defendants would transfer to the victim D’s “The apartment construction work, and the interior interior interior interior interior interior interior interior interior interior interior construction work, etc.” KRW 440 million as the construction cost, and if the construction cost is not paid, E Apartment Nos. 101, 201, 302, and 402.

“Along on December 13, 2012, the victim D would be paid KRW 10,00 as the construction cost if the additional construction is ordered.”

The phrase “ makes a false statement.”

However, in fact, Defendant A had a loan of KRW 600 million for apartment as security, Defendant A had a total of KRW 1.4 billion for the loan of KRW 600 million to Nonghyup as security, and Defendant B did not have an intention or ability to pay the construction cost even if the damaged party had no other property and the damaged party had no intention or ability to pay the construction cost.

The Defendants had completed the above construction work on December 30, 2012 by the victim, but did not pay the construction cost.

As a result, the Defendants conspired to induce the victim to acquire the pecuniary benefits equivalent to 450 million won.

2. On November 27, 2012, the Defendants, at the construction site of the above E apartment complex, shall transfer the above apartment unit 602 to the victims, if the Defendants are unable to repay the principal and interest by January 20, 2013, with a loan of KRW 100 million to the victims of the apartment construction site.

The phrase “ makes a false statement.”

However, in fact, the Defendants are required to undertake construction costs from the victims as above.

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