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(영문) 부산지방법원 2013.07.18 2012고단1364

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On August 3, 2007, the Defendant entered into an oral contract with the victim C to purchase the land and building for D 2491 square meters and E factory (hereinafter “instant land and building”) at the Busan Bank located in the Busan Shipping Daegu, Busan, Busan, and the victim-owned, for the purchase of the land and building for 1,050,000 square meters and E-factory buildings (hereinafter “the instant land and building”). The Busan Bank received the instant land and building as collateral, and paid the purchase price at the Busan Bank, but it was possible to loan only 700,000,000 won at the Busan Bank. The defect that the victim would not sell the instant land and building to the Defendant. The Defendant borrowed 700,000,000 won from the Busan Bank, and borrowed 350,000,000 won from the Korea Technology Credit Guarantee Fund, and first changed the ownership of the instant land and the instant building in its name.

However, the defendant did not have any special property, and there was no intention or ability to receive the above operating fund from the Korea Technology Credit Guarantee Fund to pay the purchase price, since he did not ask the Korea Technology Credit Guarantee Fund about the possible loan.

The Defendant, by deceiving the victim as such, transferred the ownership of the instant land and building in the name of F in the amount equivalent to KRW 1,050,000,000 from the seat of the victim, and received KRW 23,928,660 in the name of registration expenses.

2.(a)

Around August 3, 2007, the Defendant requested the victim to pay the remainder of KRW 350,000,000 from the victim and the borrowed amount of KRW 23,928,660 from the Korea Technology Credit Guarantee Fund, and the Defendant made a false statement that the Defendant borrowed KRW 15,00,000 from the Korea Technology Credit Guarantee Fund.

However, the defendant is in arrears with wages, and it was difficult to operate the factory due to the lack of the purchase cost of materials and other materials, and it is merely a sales of KRW 158,335,831 for the past six months, and it is also about KRW 500,000 for six months in the future.