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(영문) 청주지방법원 영동지원 2016.06.02 2015고단157

사기

Text

Defendants shall be punished by imprisonment for ten months.

However, from the date of the final judgment of this case, each of the above two years against the Defendants.

Reasons

Punishment of the crime

The Defendants attempted to engage in the business of acquiring land E in the name of F on November 17, 2012 and selling two multi-household houses on the said land. However, even if the Defendants were to have all bad credit holders and did not hold funds to invest in the said construction work, and even if they were to receive investment from victims G due to no other means of raising construction funds, it was impossible to complete the construction of multi-household houses. However, on July 2013, 2013, the Defendants conspired to conceal the aforementioned circumstances as above and use some of the investment funds for the construction work for the said multi-household as construction cost from the victims, and to use them as part of the investment funds for the said construction work cost.

The Defendants, in addition to having the victim and the above land in the middle of July 2013, Defendant A, in front of the above land, intends to construct two multi-household houses on the E land, and to complete the construction of the above multi-household house by December 31, 2013 and return the principal amount of KRW 100 million to the victim by completing the multi-household house by December 31, 2013.

Defendant B refers to the victim, and Defendant B has purchased the land well in the cover of the land, and there is no impediment to the progress of the construction work.

“.....”

However, in fact, the Defendants appropriated most of the sales price of the above land as collateral, and failed to pay interest on the above loans. The Defendants did not have any active property such as real estate or deposit as bad credit, and did not have the ability to procure the construction cost by itself by means of loan and other methods. Therefore, even if they received the investment from the injured party, they were to complete the above multi-household house until December 31, 2013, and did not have the intent or ability to return the principal of the investment and its profits to the injured party, as well as the investment money received from the injured party.