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(영문) 서울중앙지방법원 2015.07.16 2015고정1795
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 28, 2010, the Defendant was sentenced to a suspended sentence of three years for a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.) at the Incheon District Court, which was sentenced to a suspended sentence of three years on May 7, 2010. On October 1, 2010, the judgment was finalized on October 9, 2010, which was sentenced to a suspended sentence of two years for a one-year imprisonment at the Seoul Central District Court as a crime of fraud. On May 30, 2013, the judgment became final and conclusive on October 18, 2013.

On March 2009, the Defendant, as the actual operator of C, said that “A victim E and F want to create a commercial building in the 26 Eastern University underground, Jung-gu Seoul, Jung-gu, Seoul, to create a commercial building, and KRW 55,000,000 per commercial unit deposit after completion of construction, may purchase a commercial building in the remaining area after the completion of construction,” at the C office located in Jung-gu Seoul, Seoul, Seoul, the Defendant said that “A commercial building may be purchased in the remaining area after the completion of construction.”

However, on April 8, 2008, a joint understanding letter of promotion of underground space development projects between the East National University and the Geum River Construction Co., Ltd. was concluded on the same date, and on October 30, 2008, the collective lease contract was concluded between UPM Co., Ltd. established by Geum River Construction Co., Ltd. and C on the underground space of the East National University. However, there was no authority to sell the right to sell the project or invite investors since there was no regular contract between the East National University and the Geum River Construction Co., Ltd., and there was no intention or ability to allow the victims to purchase the commercial building even if the East National University terminated the letter of understanding and received the money as the down payment from the victims while the project was suspended.

Nevertheless, the Defendant received 110,000,000 won in total from the victims on March 24, 2009.

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