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(영문) 대전지방법원 홍성지원 2016.08.09 2015고단948

사기

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On August 25, 2010, the Defendant purchased KRW 250 million in the name of Seosan-si E in the name of F, the wife, and paid KRW 50 million in intermediate payment around September 30, 2010, and KRW 200 million in remainder around November 30, 2010. The Defendant made a false statement to the victim D at the Seosan-si branch of the National Agricultural Cooperatives Federation of Seosan-si, Chungcheongnam-si, the National Agricultural Cooperatives Federation of Chungcheongnam-gu, Chungcheongnam-do. The Defendant would receive KRW 310,01 square meters in the name of F, the wife, and pay KRW 50,000 in intermediate payment around September 30, 2010.

However, in fact, the defendant had the victim provide the above land as collateral, and then planned to use the loan paid by the Central Association of Agricultural Cooperatives. At that time, G has the obligation to borrow KRW 230 million, and approximately KRW 10 million is delinquent in the transfer income tax, and there was no intention or ability to purchase the above land from the victim.

The defendant deceivings the victim as above and caused the victim to borrow a loan of KRW 40 million on the same day by F. F. The defendant had the victim set up a collateral security of KRW 48 million with respect to the above land at the National Agricultural Cooperative Federation.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 40 million.

"2015 Highest 1222"

1. On September 2009, the Defendant may charge the victim G a great amount of money to establish a company producing building materials at a mutually aesthetic coffee shop located in the Gu during the insular period of the day on September 2009.

Since the obligation to transfer money can also be repaid, it is so that it can borrow money after setting up real estate of aner as collateral.The interest shall be paid at 2.5% per month, and the principal shall be repaid at three months after the payment of the principal.

‘False speech' was made.

However, at the time of fact, the Defendant was liable for a loan of 60 million won, bond 7445 million won, while there was no particular property or income, and even if the victim borrowed money with the loan of 60 million won as collateral because of the lack of business funds, the Defendant is a company producing the above construction materials.