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(영문) 서울중앙지방법원 2014.10.24 2013고합1337
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On February 25, 2011, the Defendant was sentenced to a one-year sentence of imprisonment for breach of trust at the Seoul Central District Court.

9. The judgment was final and conclusive on February 10, 2012, and was sentenced to eight-month imprisonment by the same court on February 10, 2012

2. 18. The judgment became final and conclusive.

Around March 2008, the Defendant: (a) was a 40-year apartment complex located in Hongcheon-gun, Hongcheon-gun, the market price of which is equivalent to KRW 2.7 billion (hereinafter collectively referred to as “the apartment of this case”); (b) while the Defendant borrowed money from the victim G who operated the lending company even if he borrowed money from the victim G, he did not have the intent or ability to repay it at once, the Defendant was willing to borrow and acquire money from the victim while concealing the above financial situation.

1. On March 17, 2008, the Defendant accused the victim of the instant fraud related to the instant apartment completion fund by deceiving the victim from the “I” office in the “I” office for the victim’s operation of HA building 201 in Gangnam-gu Seoul, Seoul, for the first time, on the ground that “the instant apartment was being newly constructed, and the construction was now advanced by the Corporation at least 90%. If the amount of KRW 300 million was loaned with the completion fund, the apartment of this case will be received and repaid from the financial institution within 3-4 months after completing the construction thereof.” This deceivings the victim by deceiving him from the victim to the account under J’s name on March 17, 2008.

3. Until December 27, 200, the sum total of KRW 382,369,300 was remitted as the completion fund of the apartment of this case 11 times in total as shown in attached Table No. 11.

2. The Defendant committed the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) related to the instant letter or the completion fund, in the office of the firstman on April 2008, and if the Defendant lent 600 million won to the victim, then the Defendant would be either the letter or the building being newly built on the ground of the Hyeongwon-gun K.

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