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(영문) 서울동부지방법원 2014.04.30 2014고단131
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

[criminal power] On August 29, 2006, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court, and completed the execution of the sentence on September 6, 2006.

【Criminal Facts】

The defendant was a person who was engaged in the sales agency business while working as a adviser G (ju), and H was a person who was working as a vice president of G (ju).

1. On November 20, 2007, the victim I made a false statement to the victim I at the Seocho-gu Seoul Seocho-gu Seoul High School, stating that "J lending 102 is 90 square meters, and K is conducting an auction, which is currently known in the present country, and when receiving a successful bid, the above apartment will be leased to 50 million won at a lower price than the above apartment price."

However, there is no fact that the auction of the above lending was in progress, and the defendant was not the owner of the above lending, and there was no authority to conclude the lease contract because it was not delegated the lease contract.

Ultimately, the Defendant, as if he was the owner of loan, prepared a lease contract with the victim, and was paid 20 million won as the down payment on December 5, 2007 from the victim, and 107 million won as the remainder on December 13, 2007, respectively.

2. 피해자 L 피고인은 H과 공모하여 2010. 12. 29. 서울 송파구 M 4층에 있는 G(주) 사무실에서 피해자 L에게 “우리가 운영하는 G이 경기 가평군 N에 있는 임야 2,000여 평에 90평형대 O 빌라(일명 ‘P’) 38세대를 신축하는 시행사업을 진행하고 있는데 현재 사업자금이 부족하니 2,000만원을 빌려 주면 3∽6개월 내에 변제하겠고, 2011. 3.경 오픈예정인 O 빌라 모델하우스 공사에 수입 주방가구를 납품할 수 있도록 해 주겠다”라고 거짓말을 하였다.

However, in fact, the new construction implementation project under the defendant and H has not been selected as the city construction project, and G (State) as the executor also will subcontract landscaping construction project.

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