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(영문) 서울중앙지방법원 2016.04.19 2015고단2229
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On November 22, 2005, the Defendant was sentenced to one year and six months of imprisonment at the Seoul Central District Court for fraud, etc., and the parole period was expired on September 29, 2006 during the execution of the sentence in Seoul Detention Center, and the parole period was expired on December 10, 2006. On February 8, 2013, the above court was sentenced to one year of imprisonment for fraud and the said judgment became final and conclusive on June 27, 2013, and on August 21, 2013, the above court was sentenced to two years of suspended sentence for six months of imprisonment for fraud and became final and conclusive on August 29, 2013.

On July 31, 2009, the Defendant introduced the victim's friendship E from the victim's friendship, where it is impossible to know the trade name on the second floor at the entrance of the Seoul Jung-gu Seoul Metropolitan Government, the Defendant made a false statement to the victim that "The Defendant is running the business of selling 48 stores in the Seoul Jung-gu by winning a successful bid for the G commercial building on the first floor in F-gu, Seoul and dividing 208 stores into 208, but the Defendant would sell 20 million won in the main floor without drawing up 2 square meters."

However, the above commercial building is a building registered as an illegal building on the aggregate building ledger around January 9, 2008, and the defendant performed the construction work of dividing the above commercial building into 208 stores by winning a successful bid around January 9, 2008, but it is impossible to divide the above commercial building upon receiving notification from the public official in charge of the site inspection to suspend the division of the above commercial building, which is an illegal building, after receiving a report on the performance of illegal construction around June 9, 2009. The defendant's share in the above commercial building is 25%, and the above commercial building was limited to 9.1 billion won as security, and it was not 6.5 billion won as security of the above commercial building, and it was impossible to pay the interest because it did not bear a large amount of debt equivalent to the claim amount of 9.1 billion won, while the defendant did not have any intention or ability to sell the commercial building in installments even if he received money from the injured party.

Nevertheless, the defendant deceivings the victim as above and obtained the delivery of KRW 20 million from the victim, i.e., the victim.

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