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(영문) 서울중앙지방법원 2013.04.05 2012고단1619
사기
Text

Defendant

A Imprisonment with prison labor for a year and six months, for a defendant B, for a period of ten months, and for a year, for a defendant C, respectively.

(b).

Reasons

Punishment of the crime

Defendant

C around November 25, 2005, the Seoul High Court sentenced 4 years of imprisonment for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Seoul Southern Prison on September 14, 2008.

Defendant

A and C are the co-representative director of I (State) and the defendant B were the chief director at the construction site of J apartment site executed by the above company.

When the Defendants were aware of the enemy in the process of the construction of J apartment, the Defendants conspired to conceal the fact that the trust registration has already been made on the above apartment and the circumstances where the business management is very difficult for others, and to acquire money by fraud as security.

On February 2, 2010, the Defendants made a false statement to the effect that “a loan of 2.50 million won to 2.5 million won shall be repaid within three months, but if it is impossible to repay, it shall exceed the ownership of the above apartment as to 309 and 410.” The Defendants received KRW 250 million from the victim around three times around that time.

However, since the above apartment house has already been registered as a trust, even if the ownership has been transferred, it was rare in value as security for the loan, and since the deficit was accumulated in the enforcement business, the Defendants did not have the intent and ability to repay the loan even if they borrowed money from another person.

Ultimately, the Defendants acquired 250 million won from the victim.

Summary of Evidence

1. Defendant B’s statement in the first trial record;

1. Entry of each part of the defendant A and C in the fourth trial record;

1. Statement made by K witness in the fifth trial record;

1. Legal statement of the witness B;

1. Each legal statement of a witness A and C;

1. Partial statement of the suspect interrogation protocol of Defendant A by the prosecution (including the part in which part of the defendant B and C are written)

1. The agreement, each JJ agreement for the supply of APT for multi-modal remodeling;

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