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(영문) 대구지방법원 2014.12.19 2014고단3763
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, as the representative director of C(State) of Seocho-gu Seoul Metropolitan Government, promoted a city-type residential housing development project on seven lots, while promoting the urban-type residential housing development project:

1. Around July 16, 2012, from F in the vicinity of the building in Gangnam-gu Seoul, the victim G was false to the effect that “The victim G is expected to collect money from Dongyang Construction Co., Ltd., a city-type housing development project contractor, and other investors, and the refund is demanded as the money enters. If it is not repaid, it is intended to transfer the urban-type housing development project.”

However, even if the defendant borrowed money from the victim, the defendant did not have the intent or ability to pay to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim, a sum of KRW 19 million around the 17th day of the same month, and KRW 40 million around the 20th day of the same month, from the victim to the corporate bank account in the name of Section C (State) and acquired it by defrauded.

2. On October 19, 2012, the Defendant’s office located on the third floor of the building E at issue, “Around October 19, 2012, the victim H was scheduled to receive KRW 300 million loans within one month from Dongyang Construction, a construction contractor for urban-type residential housing development projects, and the Plaintiff’s office stated that “A loan of KRW 150,000,000,000,000,000,000,000

However, on October 8, 2012, the Defendant had already received a loan of KRW 300 million from Dongyang Construction and had no intent or ability to repay even if he/she borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received from the victim, KRW 50 million around the 22th day of the same month from the victim, KRW 25 million around the 29th day of the same month, KRW 35 million around November 7, 2012, KRW 120 million around November 13, 2012, and KRW 120 million in total from the 10 million to the corporate bank account under C (State).

3. On or around December 13, 2012, at the same place as indicated in the foregoing paragraph 2, the victim I loaned money to the victim I as “the victim is expected to collect money from Dongyang Construction, which is an urban-type housing development project contractor.”

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