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(영문) 서울중앙지방법원 2013.09.27 2013고단4357
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On September 2, 2010, the Defendant was sentenced to a suspended sentence of one-year imprisonment at the Seoul Western District Court for a crime of fraud at the Seoul Western District Court on the 10th day of the same month, and the judgment became final and conclusive on the 14th day of the same month, and on March 14, 2012, the Seoul Central District Court sentenced eight months of imprisonment for a crime of fraud at the Seoul Central District Court on the 8th day of June 10,

1. On January 10, 2008, the Defendant: (a) at the “E” coffee shop located near the D hotel located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, the Defendant expressed to the effect that “If the G University Extension is permitted to take part in the city construction project and exceeds the city construction project, the Defendant would be entitled to KRW 2 billion as rebates; and (b) the Defendant would give one billion won as a half of the amount. The president of G University did not have good health; (c) the head of H Office would have to take charge of the said extension project; (d) the head of H administrative office would have to change the cost to KRW 30 million.”

However, the defendant did not intend to use the money as a case fee even if he did not have the ability to receive the payment from the victim, and even if he did not receive the money from the victim.

As above, the Defendant, by deceiving the victim as above, received from the victim to the national bank account in the name of each Defendant, i.e., KRW 5 million from the tin, and 3 million from the 21st of the same month to the national bank account in the name of each Defendant.

2. Around February 21, 2008, the Defendant: (a) purchased the victim F at the said coffee shop in the amount of KRW 8 billion, “The J, the land of which is located only I and four parcels of land outside Yongsan-si, may receive a loan of KRW 14 billion as security; (b) out of the amount of KRW 1 billion, one billion is equal to one billion; and (c) in one half of the amount of appraisal and assessment; (d) in order to raise the appraised value, the Defendant changed expenses necessary therefor.”

However, in fact, the J, the defendant's seat, did not have any intention or ability to obtain a loan of each of the above lands to the victim as collateral, and thus, the defendant did not have any intention or ability to partially grant the above lands to the victim.

The defendant.

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