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(영문) 서울중앙지방법원 2018.11.08 2017고단893
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Of the facts charged in the instant case, the fraud against the victim B is acquitted.

Reasons

Punishment of the crime

The defendant of "2017 Highest 893" is a representative director of the C corporation established for the purpose of real estate development and sale business.

The Defendant’s office located in Gangnam-gu Seoul on September 24, 2014, in Gangnam-gu, Seoul, intends to build H hotel in the F G block in Seocho-gu, Gyeonggi-do.

At present, land sale contract deposit is paid for the above construction works, and the PF loan is in progress, and the last stage has been in the last stage.

I already deposited KRW 1 billion in the I bank, and finally, it is necessary to deposit KRW 400 million in addition to receiving the PF loan.

If the above funds are lent, it is intended to contract the construction of new H hotel electrical equipment.

A false statement was made to the effect that the borrowed money will be repaid within three months.

However, in fact, with respect to the above real estate mentioned by the defendant, the lending of PF was not properly carried out due to the difference between investors, such as withdrawal of the money deposited in I bank due to the difference of opinions between investors, and the fact that the sale of the J field was not carried out separately, and there was no intention or ability to repay the money within the agreed period even if the defendant received money from others due to the light of the financial situation, such as the fact that there

Nevertheless, the Defendant, as seen above, was accused by deceiving the victim and then transferred KRW 400 million to the victim through K K Union account (L) on September 26, 2014.

Accordingly, the defendant deceivings the victim to take money by deceiving the victim.

The Defendant is a joint representative director of M Co., Ltd. (hereinafter referred to as “M”) established for the purpose of selling agency business, etc., and is concurrently a director of C Co., Ltd. (hereinafter referred to as “C”) established for the purpose of real estate development and sales business.

The defendant around October 1, 2014, at the office of O located in N in Seongbuk-gu, Sungnam-si, Sungnam-si, the victim P, "in Gyeonggi-do, South-do."

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