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(영문) 서울중앙지방법원 2018.04.19 2017고단8121
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On January 1, 2015, the Defendant is appointed as the head of the I Apartment Complex Development Cooperative at the mutual influent restaurant located in Gangnam-gu Seoul, Gangnam-gu, Seoul, with the victim G.

If an investment of KRW 40 million is made, it is expected to promptly borrow an I apartment commercial building by selling it in lots.

“A false statement” was made.

However, since H did not have taken office as the president of the above apartment complex, even if the defendant received money from the injured party, he did not intend to use the apartment building as personal debt repayment and living expenses, etc., and did not have the intent or ability to promptly rent the above apartment building to the injured party.

Nevertheless, the defendant deceivings the victim as above, and thereby, he acquired 40,000 won, including the sum of KRW 15,000,000 from the victim to the SC bank account in the name of the defendant, 60,000 won on January 29, 2015, KRW 27,10,000,000 on February 27, 2015, KRW 500,000 on March 20, 2015, and KRW 5,00,000 on May 4, 2015, from the victim to the third bank account in the name of the defendant.

2. On March 24, 2015, the Defendant prepared an implementation project to set up a commercial store in the Seocho-dong, Seocho-gu Seoul, Seoul, to the victim at the mutually influent restaurant in Gangnam-gu, Seoul, and needs to be used as the back money.

The main investment of 40 million won is to purchase apartment buildings in broad name with its profits.

“A false statement” was made.

However, in fact, the above commercial execution project did not have been carried out due to the failure to purchase the land from the land owner. Therefore, even if the defendant received money from the damaged party, the defendant was thought to use the land as the personal debt and living expenses of the defendant, and there was no intention or ability to purchase the apartment in broad name with the money received from the damaged party.

Nevertheless, the defendant is the above.

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