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(영문) 서울중앙지방법원 2016.02.12 2014고단6628
사기
Text

Defendant

A and B shall be punished by imprisonment for six months, and by imprisonment for four months, respectively.

However, as to Defendant A, this shall not apply.

Reasons

Punishment of the crime

1. Defendant A and B’s crime [2014 senior group 6628] Defendant B is the actual operator of Defendant G Co., Ltd., and Defendant A is the person who works for B in the position of the president of G Co., Ltd.

A. On December 17, 2012, the Defendants planned to construct officetels in the G office located in Seoul Special Metropolitan City Gwangjin-gu I building 402 on December 17, 2012, and the victim “G” in the GJ commercial site of Gangdong-gu Seoul Metropolitan Government.

In order to make an investment in money, 100 million officetel 701,000,000 won will be sold in advance, and 25,000 won will be repaid if the project is not carried out.

The phrase “ makes a false statement.”

However, in fact, although the company received the right to execute the business from the former executor in relation to the construction of an officetel, the remaining amount of KRW 8.1 billion and late payment 3.3 billion for the business site was unpaid and the PF financing loan was not feasible, so it was not possible to sell the officetel normally promised to conduct the business, and there was no intention or ability to redeem the amount of money received because there was no particular property or import.

In the end, the Defendants conspired to deception the victim as above, and they acquired the victim with the delivery of KRW 25 million from the victim for the purpose of investment.

2) On March 7, 2013, the Defendants, within the G Office of the said G Co., Ltd., Ltd., provide the victim with a security to sell an officetel 301 that is scheduled to be constructed at the prime place by borrowing KRW 15 million, and, if the Defendant fails to pay by March 22, 2013, would make a registration for the transfer of ownership to the said officetel.

The phrase “ makes a false statement.”

However, as in the above paragraph (a), it was not capable of completing the registration of transfer of ownership through the construction of officetels, and there was no intention or ability to repay the above money because there was no particular property or import.

Ultimately, the Defendants deceiving the victim as above and borrow money from the victim.

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