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(영문) 대구지방법원 안동지원 2015.05.21 2014고합74
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for three years.

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

Reasons

Punishment of the crime

The defendant is the actual operator of C Co., Ltd., and C Co., Ltd. is the E apartment company under construction in the D of Ansan-si.

1. The Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) acquired the project site and project right of the apartment construction project site and the project right of the victim from the victim F from the victim F in the off-dong-dong-si D Seoul Special Metropolitan City (hereinafter referred to as the “FF”) around April 3, 2012, and paid cash KRW 600 million in return, and the victim acquired the debt KRW 900 million that the victim bears to H.

After that, on December 15, 2012, the Defendant made a false statement to the effect that “The Defendant would complete payment from the time of February 2013, 2013, to the victim’s office located on the third floor of the IG building of Ansan-si, with the payment of KRW 900 million in lieu of the above KRW 900 million debt he acquired at home.”

However, even if the victim pays the above KRW 900 million on behalf of the defendant, the defendant did not have the intention or ability to pay it to the victim.

Around December 24, 2012, the Defendant had the victim repay the amount of KRW 900 million on behalf of H, and had the victim obtain pecuniary benefits equivalent to the same amount by releasing the debt.

2. Fraud;

A. On December 27, 2012, the Defendant, following the acquisition of real estate, made a false statement to the victim in the L cafeteria operated by the victim K located in the Ansan-siJ, Ansan-si, Dong-si, stating that “I will bring about KRW 550 million to the victim by May 30, 2013, if I would sell the Ma and six parcels of land owned by the Party and would bring about KRW 60 million to the victim.”

However, the defendant did not have the intent or ability to pay the above purchase price.

Therefore, the defendant acquired the ownership of the above real estate in the aggregate amount of KRW 32777 million from the victim's market price, which is the sum of the market price owned by the victim, from the victim on December 27, 2012.

Accordingly, the defendant was given property by deceiving the victim.

B. The Defendant, on April 3, 2010, borrowed money, at the street, at the entrance and exit of the Andong High School located in Ansan-dong, Dong-dong, 127-1, Dong-dong, Dong-dong, Dong-dong, Do-dong, Do-dong.

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