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(영문) 의정부지방법원 2014.08.13 2014고단112

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On November 22, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a crime, etc. at the Jung-gu District Court, which became final and conclusive on November 30, 2013.

【Criminal Facts】

1. On October 26, 2004, the Defendant borrowed KRW 97 million to the victim D, who was the branch of the Defendant, from the victim D, and failed to repay it.

On April 13, 2007, the Defendant made a false statement stating that “The Defendant would pay money to the person in charge of the above H by having the victim develop the orchard behind the G apartment as the apartment site along with “H” at the office of “(State)” operated by the victim in the Guri-si, Kuyang-si, Nam-si, and that “I will also pay all the money borrowed to the Defendant, including the money borrowed from the money borrowed from the money borrowed from the money borrowed from the development of the apartment site,” and that “I will also pay interest.”

However, since the defendant was in very difficult economic situation at the time, he was thought to use money for his own living expenses, entertainment expenses, etc. by lending money from the victim, and there was no intention or ability to develop the apartment site with borrowed money from the victim or to pay the borrowed money and pay the interest.

The Defendant received the total amount of KRW 5 million from the victim, KRW 5 million on April 18, 2007, KRW 10 million on April 2007, KRW 25 million on April 25, 2007, KRW 10 million on April 27, 2007, KRW 100 million on April 27, 2007, KRW 5 million on May 2, 2007, KRW 500,000 on May 6, 2007, and KRW 1 million on May 12, 2007, KRW 50,500,000 on eight occasions, including KRW 1 million on May 12, 2007.

2. On May 2007, the Defendant: (a) purchased a site owned by “(J)J” in Gyeonggi-gu I along with the victim D on May 2, 2007; and (b) entered into a partnership agreement with the Defendant to develop an apartment complex on the said site.

In addition, the Defendant deposited money in order to conduct preferential negotiations for three months from K, the vice president of the said case’s “J”, for the purchase of the said site from the mid- May 2007.