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(영문) 춘천지방법원 속초지원 2019.02.13 2018고단160

사기등

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On November 9, 2017, the Defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor at the Gangnam Branch of the Chuncheon District Court for fraud, etc., and the judgment became final and conclusive on November 17, 2017.

【Criminal Facts】 Around June 2015, the Defendant purchased the land located in the victim B and the Si of Si of Si of Si of Si of Si of Si around 2015, and decided to newly build the studio two Dongs at the same place, and was preparing for the construction by receiving loans from D located in the Dong-gu Si of Gangwon-do.

After that, on July 15, 2015, the Defendant: (a) stated that the above victim had good land at the early stage E; (b) purchased the land as well as the land, and (c) obtained the victim who rejected the Defendant’s proposal due to the lack of sufficient funds; and (d) concluded a joint contract with the said victim to purchase the said land at the early stage E on July 15, 2015.

After that, around August 18, 2015, the Defendant borrowed KRW 227,625,00 to the victim in Dong-gu, Gangwon-do, “230,000,000 from the loan of KRW 130,000 to the victim as the purchase fund for the site, and the remainder will be used as the construction cost while performing the studio construction work.”

However, at the time, the Defendant was trying to use the funds borrowed from the Corporation to another field work cost, etc. due to the fact that the Defendant was performing the construction work without basic funds in FG and C, and that there was a large amount of liability, such as brokerage commission and construction cost, and the victim was also obligated to pay the card price and corporate bonds interest.

Nevertheless, the Defendant had the victim borrow KRW 227,625,00,000 in total, including the purchase of land and the construction cost in the above D, and had the said loan maintained at the victim’s request on the same day.