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(영문) 서울중앙지방법원 2016.07.20 2015고단7095
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 28, 2011, the Defendant’s business of constructing the Yeongdeungpo-gu Seoul Metropolitan Government G Building (hereinafter “instant building”) to the victim F at the E office located in Gangnam-gu Seoul, Gangnam-gu, Seoul around July 28, 201, was suspended due to the failure of H to pay the balance of the purchase of the site.

Defendant E (Defendant) completed the agreement with the PF loans under the condition that the PF loans are conducted by Co., Ltd. (hereinafter “PF loans”) with H Co., Ltd.

If a down payment of KRW 100 million is paid out of the deposit for the sale of this case, he/she shall complete the construction design of the building in this case and shall receive it to the competent Gu office and immediately commence the sale business.

“...”

In addition, the defendant and the victim "E, a corporation operated by the defendant, entrusts the business of selling the building of this case to an I corporation operated by the victim, the victim's side shall be paid 200 million won as sales deposit money to the defendant's side, and the defendant's side shall pay the victim's fee equivalent to 4 to 6% of the sales amount when the building of this case is sold to the victim, and the above sales deposit shall be returned after 3 months from July 28, 201, which is the date of the contract for selling the building, and the defendant shall personally guarantee the above debt of E.

“The Agreement was concluded to the effect that it was “.”

However, there was no specific plan to raise funds even though the sale price of the building site of this case reaches approximately KRW 17.9 billion. ② The Defendant, who received money from the injured party due to its financial standing, was planning to repay the existing debt, not the new construction of the building of this case, and the cost related to the construction of the neighboring living facilities located in JJ of South and North Korea, and thus, there was no intention or ability to pay the sales commission to the injured party or return the sales agency deposit within 3 months upon commencement of the sale business of this case.

Nevertheless, the defendant is identical to this.

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