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(영문) 춘천지방법원 속초지원 2017.11.29 2017고단227

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for six months, and imprisonment with prison labor for ten months.

However, from the date this judgment became final and conclusive, Defendant.

Reasons

Punishment of the crime

Defendant

A on December 18, 2013, is a person who has two same kinds of records, such as being sentenced to a fine of two million won for fraud in the early branch of the Chuncheon District Court.

On September 8, 2016, the Defendants were aware of the intent to obtain money from the victim C, and Defendant A borrowed KRW 50 million to the victim, and Defendant A made a false statement to the effect that “I would make a provisional registration on G land owned by the head of the Gu as security if I would make a false statement to the effect that “I would establish a provisional registration on G land in the early city owned by the head of the Gu as the owner of the new apartment construction project in the Seocho-si Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-registered as of September 30, 2016,” and Defendant B signed and sealed the loan certificate as the guarantor and signed the contract for apartment construction work.”

However, in fact, around September 2016, a private individual (ju) implementing the new apartment construction project had not secured business funds, and there was no specific plan to secure business funds. Since there was no specific confirmation on the plan and possibility of securing business funds of the above city, the Defendants did not have to confirm the plan to secure business funds of the above city, so it was very weak whether the above construction is properly implemented and whether it is possible to pay money to the victims with the business funds.

In addition, the Defendants, as they did not have any particular property, were unable to pay money to the victims separate from the above business funds until September 30, 2016, and without obtaining the consent of the actual owner of the G land at the Seocho-si, the Defendants made an agreement to provide collateral to the victims as above without obtaining the consent of the actual owner of the G land H, etc., leading the victims to enter into the construction contract and did not have any intent or ability to pay money within the time limit.

Nevertheless, the Defendants are victims as above.