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(영문) 서울서부지방법원 2016.08.25 2015고단1155
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above sentence shall be suspended for three years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant, who did not have any other financial resources, had the victim D introduced the victim D while driving with the intent to take profits by participating in the C Improvement Project, and driving with the investor.

1. The Defendant, around January 201, at a nearby the Guro-gu Seoul Metropolitan Government non-permanent restaurant, would allow the victim to carry out the sales agency business within three months, if the Plaintiff had the right to carry out the C rearrangement project and the Defendant has been determined to obtain a loan from the Bank (PF) in connection with the rearrangement project, and the contractor has already already been determined for the implementation of the project, and there is a permit to carry out the sales agency business within the limit of 200 million won.

" and makes a false statement."

However, in fact, it was not possible for the contractor to decide on the improvement project at the time, and there was no intention or ability to allow the purchaser to conduct the sale agency business within the period agreed to by the victim because it was not possible to commence the sale within three months since it was not intended to receive the intention related to the Ep (PF) even from our bank.

Nevertheless, the Defendant received a total of KRW 200 million, including KRW 100,000 on February 11, 201 and KRW 100,000 on March 11, 201, from the victim as a security deposit.

2. On April 201, 201, the Defendant had the victim, who is believed to be subjected to deception as referred to in paragraph (1) and to be able to carry out the sale agency business, and had the victim immediately take charge of the removal work within the pertinent business area. The Defendant made a false statement to the effect that “The Defendant borrowed KRW 20 million to lend the removal work to the party who agreed on the contract for the removal work.”

However, there was no intention or ability to conclude a contract for the removal work on the part of the victim because it is impossible to start the removal work soon because the contractor did not have any intention to do so in connection with the improvement project and there was no intention or ability to do so from the bank to the bank.

Nevertheless, the defendant belongs to this.

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