beta
(영문) 대구지방법원 2016.04.22 2015고단3966

사기

Text

Defendant

A Imprisonment with prison labor of two years and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

Reasons

Punishment of the crime

On November 13, 2014, Defendant B was sentenced to a suspended sentence of two years for the eight-month period of imprisonment for fraud in the support of the Suwon Friwon, and the judgment became final and conclusive on June 18, 2015.

When the amount of KRW 130,000,000 is required due to the agreement to be paid to E, a lessee of the above building, Defendant A, the actual owner of the 1st underground floor, the 7th floor above the 7th floor above the Daegu Suwon-gu, and the agreement to pay to E, Defendant A, the lessee of the above building, Defendant A, around March 20, 2008, would be entitled to use or lease the above building from the G multilateral bank in front of the Daegu Suwon-gu F. < Amended by Presidential Decree No. 20134, Mar. 20, 2008>

The phrase “ makes a false statement.”

However, the defendant did not have the ability to use or lease the building to the victim, and even if he borrowed money, he did not have the intention or ability to complete payment.

The Defendant received KRW 100,000 from the injured party, i.e., cash from the seat, and received KRW 128,000,000 on the same day as a bank account, and received KRW 2,00,000 on the next day as a bank account, and received KRW 132,00,000 in cash.

The Defendant A, on July 23, 2008, paid KRW 310 million including interest KRW 110 million after the three-month period from the loan of KRW 200 million to the Victim K in Jda located underground in Daegu Suwon-gu I building on July 23, 2008.

As security, eight partitionss of the Daegu-gu L Commercial Building Store (No. 1101, 1103, 1104, 2101, 2102, 2103, 2104, 2103, 2104, and 2105) will be notarized in advance, and if the payment is not made by the due date, it will be made after completion.

While lending KRW 100 million from M as security of Nos. 2104 and 2105 among the above commercial buildings, if lending money, there is no problem of full payment of KRW 100 million.

In addition, in order to redevelopment, the Daegu-gu N site was purchased, and among them it would make provisional registration on the O site and building.

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

However, it is true.