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(영문) 광주지방법원 2015.10.21 2013고단2045

사기

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

On August 30, 2013, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Gwangju District Court and three years of suspended execution, and the judgment became final and conclusive on September 7, 2013.

"2013 Highest 2045"

1. On August 26, 2009, the Defendant concluded in a false manner that “If the Defendant newly constructed a loan from the Dong-gu Ctel 1706, the Defendant would pay 5% interest per month and repay the principal within 3 to 4 months, if the Defendant borrowed the loan from the Dong-gu Seoul Metropolitan Government E and the construction cost falls short of the construction cost.”

However, in fact, the Defendant had no intention or ability to repay the principal and interest even if he borrowed money from the victim, since the Defendant, without active property, constructed a “F” which is a 18-household multi-household housing, and the obligation arising from the loan and bond was already KRW 1.3 billion.

The Defendant received a total of KRW 112,500,000 from August 26, 2009 to December 22, 2010, as indicated in the attached Table 1, including that the Defendant received KRW 5 million from the victim as a loan from the victim, namely, at the seat of the victim.

2. Around August 3, 2010, the Defendant made a false statement to the victim G that “Along with the new construction of Dogdong-dong District Public Prosecutor’s Office in Gwangju-gu, Gwangju-dong, Gwangju-dong, Seoul-gu, “Along with the lack of money. If the construction cost is leased, 5% interest per month shall be paid and repaid within two months shall be paid.”

However, in fact, the Defendant had no intention or ability to repay the principal and interest even if he borrowed money from the victim, since the Defendant, without active property, constructed a “F” which is a 18-household multi-household housing, and the obligation arising from the loan and bond was already KRW 1.3 billion.

Around August 6, 2010, the Defendant received KRW 20 million from the victim H, who was solicited to make an investment in the construction of the above loan again from the victim G, from around August 6, 2010, to the agricultural bank account in the name of (E) E operated by the Defendant, from that time until October 26, 2010.