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(영문) 서울중앙지방법원 2012.11.29 2012고단907
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On March 24, 2010, the Defendant, at the Seoul Central District Court, sentenced on September 9, 201, to a suspended sentence of eight months for fraud, and the said judgment became final and conclusive on September 9, 2010.

The defendant is a person who operates D and E Co., Ltd., a real estate consulting company located in the second floor of Seocho-gu Seoul Metropolitan Government C building.

1. On October 29, 2008, the Defendant stated that “Around October 29, 2008, the Defendant would take civil engineering works worth KRW 10 billion if the Defendant purchased G Won-si land in Chungcheongnam-do and newly built and sold an apartment house worth KRW 700-80 billion to the victim F. However, the Defendant borrowed 100 million project funds. The borrowed amount will be repaid within 45 days.”

However, in fact, around August 19, 2008, H decided to acquire the business right of J apartment construction from the I Co., Ltd. operated by H at the time of the foregoing Y at KRW 2 billion, but the acquisition price was not paid due to the lack of funds, and it was impossible to keep foreign investors from attracting investment funds, and it was difficult to normally promote the said new construction, so even if the business fund was borrowed from the victim, there was no intention or ability to cause the victim to perform civil engineering works or to repay the borrowed funds.

As such, the Defendant, by deceiving the victim as such, received a total of KRW 10 million from the victim’s account as a loan, under the pretext of a loan from the victim, and received KRW 20 million on October 30, 2008, KRW 80 million on October 31, 2008, and KRW 10 million on November 20, 2008.

2. On March 25, 2009, the Defendant, at the office of the said D Co., Ltd. (hereinafter referred to as the “D”) around March 25, 2009, purchased the said victim at the rate of 20,000,000,000,000 from the Government-Si of Gyeonggi-do and KRW 1,178,00,000 per square, and tried to carry out the business of constructing and selling the main apartment of the government, would allow the said victim to carry out civil engineering works within 2 to

Before borrowing, the Corporation shall include the borrowed money.

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