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(영문) 부산지방법원 동부지원 2017.05.17 2016고단2475

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

In addition to C, the Defendant, as a person who actually operates the “Ftel Co., Ltd. Co., Ltd. Co., Ltd.” (hereinafter “Ftel Co., Ltd.”) on August 13, 2015, and was the owner of the Ftel from May 2014 to January 19, 2016, newly constructed the relevant officetel.

On July 2014, the Defendant accepted the construction work of the instant officetel on the condition that the said officetel will take over the unpaid construction cost, including land price, etc. from G, the main owner of the instant officetel, and continued the construction work on the condition that the said officetel will take over the unpaid construction cost. However, on December 24, 2014, the Defendant received pressure on funds, such as the suspension of construction work several times due to the shortage of construction cost, and continued the construction work on the condition that the said officetel take out a facility loan amounting to KRW 2.9 billion from the Central Credit Union on December 24, 2014.

On March 25, 2015, the Defendant, at the office in the business site of the office located in the Nam-gu Busan Metropolitan City H in Busan, paid to the representative of the victim I in the case of an office with no restriction on any security or exercise of rights in return for the cost of the office work for the outside straw tons of the office and the painting construction for the purpose of 150 million won, and if the market price falls short of the construction cost, the remainder of the construction cost must be paid within one month after the inspection of use.

“The phrase “ was false.”

However, in fact, the Defendant created KRW 94 billion for the acquisition of the instant officetel with a bank loan and loan from a land owner. While carrying out the instant officetel construction, there is a lack of funds to establish a trust with an international asset trust company for the said officetel and additionally receive facility loan of KRW 2.9 billion from a new union, and there is a lack of funds for the said officetel to pay interest on the said officetel construction fund, and the said officetel cannot be individually sold due to the above trust registration.