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(영문) 대전지방법원 천안지원 2012.05.10 2011고단2217

사기

Text

Defendant

A Imprisonment with prison labor for ten months, for one year and six months, and for one year and six months, for Defendant C, respectively.

except that this shall not apply.

Reasons

Punishment of the crime

Defendant

B On October 16, 2008, the Busan District Court sentenced 8 months of imprisonment for fraud to 2 years of suspended sentence, and the judgment became final and conclusive on December 15, 2008.

Defendant

C On October 16, 2008, the Busan District Court sentenced 10 months of imprisonment for fraud at the Busan District Court on October 24, 2008, which became final and conclusive on October 24, 2008.

1. Defendant B’s co-principal committed an act pertaining to the apartment construction execution project in around 2002 and became aware of Defendant C, and since around 2004, Defendant C’s business was lost while running the business, and from October 2006, Defendant C operated the apartment sales agency business and the hotel acquisition business at the initiative of Defendant C. Defendant A was informed of Defendant B with a chance to do so at around 2004, and Defendant B was introduced from Defendant B and participated in the hotel acquisition business conducted by Defendant B and C.

The defendants established a company M (hereinafter referred to as the "M") with the knowledge that L Co., Ltd. in Busan (hereinafter referred to as the "the hotel in this case") will be sold in a business depression, and the defendants C and B gathered in the M office on December 2006, and the defendant C and B wanted to borrow money from the defendant A with approximately KRW 100 billion that is necessary to take over the hotel because M has no money." The defendant A had a lot of money from the victim N, who is a intermediary, while the defendant A and the victim sought money together with the defendant B.

As above, the Defendants conspired to borrow money as the fund for acquiring a hotel and acquire it.

Defendant

On January 9, 2007, A and B made a false statement to the effect that “M intends to take over the hotel of this case located in Busan. The acquisition of the hotel of this case can be seen as enormous profit. The acquisition of the hotel of this case would be limited to KRW 100 million as the acquisition fund of this case is partially deficient. If the loan of KRW 100 million is to be made, the acquisition fund will be paid KRW 150,000,000 without a molding it within three months.”