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(영문) 서울중앙지방법원 2017.01.25 2016고단6140
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. The sole criminal conduct of Defendant A;

A. At the time of around August 2012, the Defendant did not have a specific construction plan regarding apartment construction project with a scale of 1,200 of 1,200, Namyang-si, Namyang-si, and did not obtain a building permit, and did not receive a PF loan or the selection and commencement of a construction project. Therefore, even if the Defendant received money from the victims under the pretext of a pre-payment, it was thought that it would be used in the cost of living, etc., and did not have any intent or ability to make the victims

Nevertheless, the Defendant, around August 1, 2012, deposited the D Building 1028 in Jung-gu Seoul, Seoul, and the victim E (son, 39 years old), and the “Seoul apartment unit sales business has been completed almost at all over time,” and the contract deposit amount of KRW 10 million in advance.

“A false statement,” which received KRW 10 million from the victim E to the bank account in the name of F.

B. On August 9, 2013, the Defendant, at H offices located in the sixth floor of the Gangnam-gu Seoul Metropolitan Government G G Building, by deceiving the victim by the above method and transferred the victim to the said deposit account from the damaged party, and was issued a copy of the check (number I) in one check before the victim’s own right of KRW 20 million.

2. The facts of Defendant A and J on October 201 were that Defendant A and J did not intend or have the ability to repay the said amount even if they were to receive alcohol from the Victim K (Y, 45 years of age) or borrow money on the pretext of expenses, on the ground that they did not perform the construction of an exclusive use of a axis of KRW 250 billion in the river, and that there was no special property or monthly income.

Nevertheless, around October 5, 2011, Defendant A and J are proceeding with the victim’s “M main store” in the “M store in Gangnam-gu Seoul Metropolitan Government L for the operation of the victim.” Defendant A and J are proceeding with the victim’s “M store construction project with an amount equivalent to KRW 250 billion from Acheonsan to Asan, but there are many people in the future.

At the same time, the payment is the kind of credit that will lead to the settlement.

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