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(영문) 대구지방법원 경주지원 2018.05.10 2017고단309

사기등

Text

[2017 order 427] Defendant shall be punished by imprisonment for one year.

[2017 Highest 309, 2017 Highest 421, 2017 Highest 713, 2017 Highest 814, 2017 Highest .

Reasons

Punishment of the crime

[criminal records] On August 12, 2014, the Defendant was sentenced to ten months of imprisonment for fraud and two years of suspended execution in Daegu District Court racing support, and the above judgment became final and conclusive on August 21, 2015.

[2017 Highest 309] Around September 30, 2015, the Defendant: (a) to the Victim F (“F” (hereinafter “FF”) on the part of the Defendant: (b) on the part of the Defendant: (c) on the part of the Defendant, the Defendant provided the said FF with the construction of the studio building on the racing G and H land; (d) on the part of the PP, the Defendant provided the said FF with a loan to pay the debt to the said FF; and (e

“A false statement” was made.

However, at the time, the Defendant was planning to pay personal debts with borrowed money even if he/she received a loan equivalent to KRW 1.1 billion from a financial institution, as well as the Defendant was able to obtain a loan equivalent to KRW 1.1 billion from a financial institution. The above G and H land were owned by I, as well as the financial institution’s reply that even if it was already provided as security, it could not receive a loan necessary for the construction cost even if it was already provided as security. The Defendant’s personal account did not have a fund to perform studio construction. Thus, the Defendant did not have any intent or ability to pay the money to the victim by the contract or the

Nevertheless, the Defendant, as mentioned above, received 40 million won from the injured person to the account under the name of his father on the same day from the injured person, and acquired 40 million won from the injured person. From around that time to December 30, 2016, the Defendant acquired 820 million won from 14 victims, such as the last day of the annexed crime List 1.

[2017 Highest 421]

1. On November 27, 2015, the Defendant against the victim K wanting to build a studio on the racing-si G and H land in the “M tea” located in Ulsan-gu L around November 27, 2015. The Defendant requires KRW 40 million for initial expenses incurred in receiving the loan.

If the 40 million won is lent, the above studio construction shall be awarded, but if it is not awarded a contract, the above studio construction shall be repaid until December 10, 2015.

“Falsely speaking to the effect that it is “.......”

However, the defendant is 110 million won from the financial institution at that time.