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(영문) 대구지방법원 서부지원 2014.07.25 2013고단1283
사기
Text

A defendant shall be punished by imprisonment for one year.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On September 12, 2008, the Defendant was sentenced to two years of suspension of the execution of one year of imprisonment at the Seoul High Court for the offer of bribe at the Seoul High Court, and the said judgment was finalized on December 24, 2008, and on December 2, 2011, the Seoul High Court sentenced seven years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court. On April 13, 2012, the said judgment became final and conclusive by dismissal from the Supreme Court on April 13, 2012. On August 24, 2012, the said judgment was rendered on August 24, 2012 by being sentenced to four months of imprisonment for a crime of fraud at the Seoul Central District Court, and on January 30, 2013, the said judgment became final and conclusive on February 7, 2013.

"2013 Highest 1283"

1. On December 8, 2006, the Defendant against the victim D told the victim D to pay off money to the victim D at the office F Co., Ltd. of the 7th floor E-building in Jung-gu Seoul Metropolitan Government (hereinafter “F”) on the ground that “F would have lent money to the victim D. If it was selected as a redevelopment-related executor, the F would allow the victim to exercise the right to sell a commercial building equivalent to ten billion won if it borrowed money.”

However, the defendant did not have the intent or ability to repay the money even if he borrowed the money from the victim due to the excess of debt at the time, and there was no intention or ability to have the victim selected as the executor in relation to G redevelopment or exercise the right to sell commercial buildings equivalent to ten billion won.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim a statement of 10 million won in cash and a statement of 20 million won per unit as borrowed money.

2. On January 31, 2007, the Defendant against the victim H sold the victim H by entrusting the entire first floor of the I commercial building to the victim H at the above F office around 19:00.

However, if the funds are insufficient, it will be used only for two months, and it will be paid with 145% calculated.

It is possible to repay and lend money because the sale of commercial buildings has been completed almost.

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