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(영문) 의정부지방법원 2017.09.13 2016고단4514

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

around September 2012, the Defendant, “2016 Highest 4514, the Defendant, at the law firm E office located in the fourth floor of the Seocho-gu Seoul Metropolitan Government D Building, is proceeding with the Victim F with the “7 billion won fake real estate project.”

The loan of KRW 300,000,000 per month after the principal is repaid within 3 months, and the interest of KRW 300,000 per month is changed.BB at the bank, B.B. B.B. (VIP), and B.B. B.B, the bank, with the self-reliance of “I will know about the loan because there are many people who want to know the loan.”

However, the Defendant, at the time, was seeking to purchase G building in Echeon-si with a market price of 16 billion won and seek investment business that raises profits. However, the Defendant had been in need of investment amounting to 4 billion won, and was able to successful the said investment business with a loan of at least 10 billion won, but was in a situation where the said investment business was planned without one’s own capital and did not secure the investment and loans, so it is very doubtful whether to commence the said investment business, and thus, was able to repay the principal at a short time.

Around October 17, 2012, the Defendant deceivings the victim as above and acquired KRW 300 million from the victim to the account in the name of the Defendant from the victim.

The Defendant made a false statement to the victim H on May 28, 2013, stating that “If he/she lends money to the purchase of real estate, he/she will pay KRW 15 million until June 30, 2013, he/she will pay in KRW 15 million.”

However, in fact, the defendant tried to carry out the investment business in order to purchase G building in Leecheon-si, the market price of which is 16 billion won at the time, and the investment business was in need of a minimum of 4 billion won, and the above investment business was successful to receive a loan of at least 10 billion won, and the investment and loan have not been secured by planning the business without his own capital.