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(영문) 서울북부지방법원 2014.11.20 2013고단2926
사기등
Text

Defendant

A shall be punished by imprisonment for four years.

Defendant

B shall be innocent.

Reasons

Punishment of the crime

Defendant A is a constructor of "2013 Highest 2926".

On November 201, the Defendant made a false statement to the effect that, at the end of Seoul Dobong-gu Seoul Metropolitan Government, G, H, I, J, and K, the victims of the foregoing housing, “The construction cost of the 7th floor above the ground will be calculated from the second to fourth floor of the new building as a neighborhood living facility and would be appropriated for the sale of the 6th floor of the new building as a neighborhood living facility. However, since the construction cost of the party hall is insufficient, if the construction cost of the party hall is extended to KRW 60,000 per household, the construction would be repaid in entirety and the interest will also be paid if the construction would be lowered after the completion of the construction.”

However, as above, the Defendant was thought to use only one of the owners of the above multi-household housing as a cost to purchase the housing owned by the victims, or the Defendant was thought to cover the construction cost of other construction in the process of construction, and the construction of multi-household housing and neighborhood living facilities in Dobong-gu Seoul Metropolitan Government M and N was delayed due to the lack of construction cost. Therefore, even if the victims received money from the above multi-household housing as security, there was no intention or ability to newly construct the building or pay it as a substitute for the interest on the loan.

On December 7, 2011, the Defendant, by deceiving the victims, obtained from the victims the total sum of KRW 360 million from the victims and acquired from the victims the above amount of KRW 60 million for each household as security for the said six households of multi-household housing from the Korea Agricultural Cooperative in Yung-dong, Seoul Special Metropolitan City, Nowon-gu.

L-owned households among the six households of the above F Multi-household have acquired under the name ofO by the defendant, but all of six households including them have been provided as joint collateral and the victim H has borrowed a total of KRW 360 million per household as a debtor and delivered it to the defendant.

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