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(영문) 서울북부지방법원 2012.11.16 2009고단3144
사기
Text

A defendant shall be punished by imprisonment for six months.

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 August 18, 2007, the Defendant, the representative director of the Seoul Gangdong-gu C company, was the representative director of the company, and the Defendant obtained a loan from the (ju) National Bank, together with the (ju) D representative E, (ju) representative director G, etc., and purchased the old K K K office 1,212.6 square meters in total and on its ground, such as H, I, and J, and purchased the same L 1,841.46 square meters and parking buildings on its ground, and promoted the remodeling and extension of M (tentative name “M, main office: 7 from underground to 10th underground, and 5th underground to 6th underground: 5th underground). On November 18, 2007, the Defendant would receive KRW 50,000,000 from the victim B (59 years of age) under the name of the right to operate a restaurant at the above construction site, and entered into a contract for the operation of the above N office at the construction site within 15 days.

The defendant was demanded by the victim to return the down payment as he was unable to perform the above construction work within the agreed period with the above victim in the wind where the purchase of the above site does not normally proceed, although 25 million won was delivered for the contract deposit.

Accordingly, around January 11, 2008, the Defendant issued 50 million won, which is the full deposit, to the O at the Ngallonian construction site, with the right to operate a cafeteria at the Ngallon construction site. At around that time, the Defendant returned the down payment 25 million won to the victim.

Therefore, even if the defendant received the deposits for the operation of the Ncafeteria again from the victim, he did not have the intention or ability to grant the Ncafeteria operation right at the construction site.

Nevertheless, on March 2008, the defendant paid money as soon as possible to the victim because it is the same as that of the victim in a place where the police officer was not in order to resume.

Re-construction works are performed by changing the new K-built construction site in M M, and 3,000 employees shall be the 3,000 employees in the month of the completion of works, such as interior works, installation works, electrical construction works, and creative works necessary therefor.

50 million won as a security deposit.

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