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(영문) 서울중앙지방법원 2015.02.12 2014고단2178
사기
Text

Defendant

A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.

, however, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On November 19, 2010, Defendant A was sentenced to imprisonment for a crime of fraud at the Seoul Central District Court on three years and six months, and the above judgment became final and conclusive on September 29, 201.

Defendant A said, “A” as the representative director of D, and on May 18, 2007, he recommended a victim E working as the head of D’s office at the D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’s D’,

However, at the time, the defendant was unable to pay office rents, employees' wages, etc. every month, and even if he borrowed money from the victim, he did not have the intent or ability to pay such money.

Nevertheless, the Defendant, by deceiving the victim, received KRW 30 million from the victim.

around August 10, 2007, Defendant A made a false statement to the victim H (the 46-year-old) like G at the 3rd floor D office of the Seoul Gangnam-gu Seoul FF building stating that “When the implementation project of I golf course is being carried out and only KRW 100 million is urgently prepared, Defendant A would have completed all the procedures. If 100 million won is loaned, Defendant A would have repaid until October 30, 2007, and will have the said golf course completed the construction project.”

However, in fact, since the defendant did not own any property and acquired approximately KRW 770 million in total from other victims at the time and time, even if he borrowed KRW 100 million, he did not have the ability to repay it, and there was no intention or ability to make the above golf course construction contract for the above golf course development site.

Nevertheless, the defendant and G are deceiving the victim as above.

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