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(영문) 서울중앙지방법원 2016.10.27 2016고단3828
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Attachment] On November 13, 2009, the Defendant was sentenced to one year and six months of imprisonment due to fraud, etc. at the Gangnam Branch of the Chuncheon District Court on November 13, 2009, and completed the execution of the said sentence on April 15, 2013.

【Criminal Facts】

1. Around August 13, 2014, the Defendant: (a) borrowed KRW 50 million from the victim R in Q Q in Gangnam-gu Seoul, saying, “If the Defendant borrowed KRW 50 million to establish a legal entity, the Defendant would use the money to obtain a balance certificate from the bank and return it within this framework.”

However, the Defendant, as a bad credit holder at the time, did not have a certain amount of income but did not have an obligation of KRW 50 million. Since vehicle sirens, credit card payments, corporate operating expenses, etc. were urgently needed, even if he borrowed the above money from the victim, he did not intend to obtain a balance certificate and return it within this framework.

Nevertheless, around August 18, 2014, the Defendant, by deceiving the victim as above, received KRW 50 million from the national bank account in the name of the Defendant from the victim.

2. On October 29, 2014, the Defendant: (a) around 201, KRW 75 million, in the name of an investment fund for new construction of a multi-household house, the Defendant, at the office of the Government-si, T Co., Ltd. (the capital of KRW 50 million for the purpose of real estate investment business, etc.) (the Defendant, as a representative director, was the head of the building department in charge of the building for 20 years at 20 years. The Defendant planned to take 14 households in the land located in Pakistan. The completion of the construction is remaining at the end of the construction, and the completion inspection is to take loans from the bank at the same time and at the same time, the Defendant paid KRW 10 million and a dividend of KRW 400,000,000 and KRW 500,000,000,000 to each month; and (b) indicated the design drawings for this, around the 31st of the same month, the Defendant’s name “T” as “100,00,”.

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