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(영문) 서울중앙지방법원 2013.06.14 2012고합1790
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

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

Defendant

B. The summary of the judgment on Defendant B is not known to the public.

Reasons

Punishment of the crime

The prosecutor also indicted Defendant B with Defendant A, but acquitted Defendant B as follows, and changed the facts charged in this case to Defendant A’s sole criminal defendant.

[Attachment] On May 14, 2010, Defendant A was sentenced to a suspended sentence of 2 years of imprisonment for fraud at the Seoul Eastern District Court for 8 months, and the judgment became final and conclusive on January 7, 201.

【Criminal Facts】

Defendant

A approaches the victim F who is living together with B through B, and introduced that he is the representative of the G apartment's executor and is a person who has a fluorial relationship with the fluor in Y and that he is the fluorial relationship with the fluor.

1. On October 2007, Defendant A made a false statement to the effect that, through Defendant B, “A is the representative director of G apartment execution company. A may sell a total of KRW 34,44, and KRW 4,00,00,00 to the owner of G apartment under construction, with respect to G apartment under construction A’s ownership. The sales amount shall be registered in the name of Section B.”

However, in fact, even if Defendant A was not the representative of G apartment execution company and received the sale price from the victim, Defendant A did not have the intent or ability to sell G apartment.

Defendant

A, as above, deceiving the victim as above and was delivered to the victim KRW 186 million on October 19, 2007, KRW 300 million on October 31, 2007, KRW 210 million on November 20, 2007, KRW 40 million on or around November 20, 2007, KRW 190 million on or around October 26, 2008, and KRW 886 million on or around four occasions.

2. Fraud of a loan;

A. Around January 8, 2008, Defendant A made a false statement to the effect that “AC is urgently required to pay to the victim KRW 40 million if the victim lent money to the victim through Defendant B.”

However, the facts are as above, G apartment.

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