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(영문) 서울동부지방법원 2017.10.12 2016고단4483
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 17, 2014, the Defendant was sentenced to two years of imprisonment by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Aggravated Punishment, etc. of Specific Economic Crimes) and completed the execution of the sentence on July 5, 2014.

On January 2016, the Defendant had a lien on the victim G at the (ju) F Office located in Seocho-gu Seoul, Seocho-gu, Seoul, for the first, second and second floors underground in H commercial facilities, and the first, second floors above the ground, and was actually owned by the Defendant.

The agreement to obtain a loan from a financial institution between 10,000 won is different, and after receiving the loan, the ownership of the commercial facility may be fully transferred.

If the next interior works are sold in lots, enormous profits can be raised.

In the two months of lending the money necessary for the sale business, the interest shall be amply and the principal shall be paid in several times.

However, at the time of fact, even if the Defendant, as a person with bad credit standing who does not have any particular property or income, has already used to repay the existing debt amounting to KRW 700,000,000 and has already borrowed money from the said sales business, he was unable to properly conduct the business because he had no right of retention for the said commercial facilities, and there was no other rights to do so. Since he had to conduct the business only with the investment or loan that he received from others without his own funds, he was unable to properly conduct the business. In order to receive the money necessary for the transfer of ownership of the said commercial facilities, the Defendant was unable to pay the money from the initial funds in excess of KRW 4,000,00,000, and there was no enormous initial funds to receive the loan from the financial rights, and it was virtually impossible to conduct the business due to the fact that it was impossible to receive the loan from the damaged party, even if he borrowed money from the victim through the said sales business.

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