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(영문) 전주지방법원 2016.03.31 2015고단2181

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Criminal facts

[criminal history] On May 3, 2011, the Defendant was sentenced to imprisonment with prison labor for a crime of violating the law of defense at the Jeonju District Court, and completed the execution of the said sentence on August 24, 2012.

[2] The Defendant, on February 8, 2015, introduced F, the actual operator of the Victim E Co., Ltd., Co., Ltd., who was aware of a loan to raise funds necessary for D development projects around February 8, 2015, and during this process, he/she had much experience in receiving industrial complex F loans from a national bank.

At the same time, the Korean bank has limited its ability to obtain loans in connection with the Korean bank.

On February 10, 2015, the Defendant concluded a PM management service contract with F to perform overall duties with respect to the selection of trust companies, loans, and the commencement of a project with F to the end of February 10, 2015, the Defendant stated that “F will have already examined D documents at a national bank, and will have to execute a loan within two to three weeks.”

However, the defendant did not receive a definite answer that a loan will be implemented from the Korean bank, and even if he received money from the victim company, he only intended to use it for personal purposes, and even if concluding a service contract with the victim company, he did not have the intention or ability to receive the loan.

As such, the Defendant, by deceiving the victim company, was transferred from the victim company the sum of KRW 20,000,000 on the post office account (H) in the name of the Defendant’s wife G (H) for the purpose of service payment, to KRW 20,00,000 on February 11, 2015, and KRW 7,00,000 on February 25, 2015.

Around April 1, 2015, the Defendant of "2016 Highest 192" will take charge of the business of selecting a contractor and lending a financial institution (PM contract) in relation to the construction of a new complex in the Daegu-gu K company that is promoted by the victim company at the 45-ro, Geumcheon-gu, Geumcheon-gu, Seoul Metropolitan Government Office of Construction of Gender Equality Co., Ltd. and the representative director of the victim I company at the representative director of the victim I company.

30 million won as down payment is 60 billion won from the financial institution if the principal is the down payment.