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(영문) 서울북부지방법원 2017.05.25 2017고단1004
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is the representative director of C Co., Ltd. who operates a sale execution business.

1. On December 5, 2013, the Defendant stated that “F, the representative director of the said company, who is the victim E office located in Seongbuk-gu Seoul Metropolitan Government D building 125 around December 5, 2013, borrowed KRW 50 million to lend to its members, who will pay KRW 720,000,000, which is to be paid to its members, within two months on the face of the week, and would also receive the right to sell an officetel.”

However, the defendant did not have the intention or ability to exercise the right of sale even if he received money from the victim who did not obtain the right of execution of Gable.

Nevertheless, the Defendant, as seen above, by deceiving the representative director F of the victim, received money from the victim to the Agricultural Cooperative Account in the name of the Defendant from H Co., Ltd. (I) in the name of the victim as the deposit money for sale guarantee on December 13, 2013, from the victim, and acquired money from the victim to the Agricultural Cooperative Account in the name of the Defendant.

2. On January 28, 2014, the Defendant was urged to repay the borrowed money as stipulated in paragraph 1 from the representative director F at the same place on the same day on January 28, 2014, and the Defendant returned to F the deposit amount of KRW 50,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won.

However, the defendant did not have the intention or ability to exercise the right of sale even if he did not receive the money from the damaged party because it is difficult to acquire the right of payment of land down payment to acquire the K Blue.

Nevertheless, the defendant is F.I.D.

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