logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2015.10.23 2013고단7703 (1)
사기
Text

A defendant shall be punished by imprisonment for four years.

The defendant pays 404,200,000 won to an applicant for compensation.

3.2

Reasons

Punishment of the crime

"2013 Highest 7703"

1. Co-principal A is the vice-chairperson of (ju)E, and Defendant F, as the representative director of (ju)E, conspireds to obtain advance payment, etc. from the victim on condition of subcontracting the removal work.

According to the above public offering, the Defendants made a false statement to the effect that “The victims D request the advance payment to reduce the removal construction work as the executor at the new construction site of the Gangnam-gu Seoul H Center, Seoul.”

However, the Defendants entered into a joint implementation agreement with (State) Az.com, the executor on October 7, 2008, with respect to the construction site of the said new construction site. However, the Defendants did not perform their duty to raise funds under the said agreement and did not have any authority to do so. Moreover, even if they received advance payments from the victims, they did not have any intent or ability to reduce the removal of the said new construction site to the victims.

As such, the Defendants deceiving the victim and received KRW 200 million from the victim on December 5, 2008 as an advance payment.

As a result, the Defendants conspired to attract the victim to receive the property of the victim.

2. On February 11, 2009, the sole criminal defendant made a false statement to the effect that “The victim D is entitled to the right to purchase and remodelling projects in Seocho-gu Seoul Seocho-gu I Model Staff Office, and the removal works during the remodeling works are performed, and if the proceeds accrue from the sale and purchase, 30% of the advance payment shall be changed for the purpose of operating expenses, etc. of the office to reduce the 30%.”

However, the defendant did not have any intention or ability to take part in the removal work or the sale profit during the remodeling work, even if he received advance payment from the victim because he did not have received the above J Remodeling work and the sale right.

The defendant deceivings the victim to do so.

arrow