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(영문) 서울서부지방법원 2015.02.26 2012고단1919
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Of the facts charged in the instant case, the fraud as to D is acquitted.

Reasons

Punishment of the crime

[Criminal Power] On January 22, 2010, the Defendant was sentenced to a suspended sentence of four months of imprisonment due to occupational embezzlement, etc. in the Youngcheon District Court’s Yeongdeungpo Branch’s monthly support, and the above judgment was finalized on February 10, 201. On February 15, 2012, the Defendant was sentenced to a suspended sentence of two years for one year of imprisonment with prison labor at the Suwon District Court’s Suwon District Court for fraud.

5. 18 The above judgment became final and conclusive.

[2012 Highest 1919]

1. In order to newly build the 13th and upper floors F hotel on the land outside Pyeongtaek-gun, Gangwon-do (hereinafter “instant hotel”), and around October 2002, the Defendant was in charge of the construction of the instant hotel, but the new construction of the instant hotel was discharged from around October 2002 to the Newsung Construction Co., Ltd. (hereinafter “Newsung Construction”), but when the construction was interrupted after the progress of the construction, the Defendant was changed from July 2005 to the New Construction Co., Ltd. (hereinafter “Selfd Construction”) around May 8, 2005 to resume the construction and completed the said construction from July 2006 to July 8, 2006. However, the process was delayed, and the hotel was completed at the end of October 207.

However, under the premise that the Defendant completed the construction as above, sold the guest rooms of the instant hotel with the commencement of the new construction work, and advertised that “12% of the sales price shall be paid from the date of commencement of the business as the final profit for two years from the date of commencement of the business, and 70% of the dividends shall be paid thereafter.”

However, in order for the Defendant to pay the above final revenue to the number of buyers of the hotel room of this case, it is necessary to operate the hotel and obtain the same amount of net income necessary for the payment of the final revenue, and the Defendant started the construction of the hotel of this case from around 2002, but the progress of the construction of the hotel of this case is no longer and the sale of the guest room is not smooth, and the Defendant was anticipated to look at the deficit for about three years from the starting date of the business of this case.

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