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(영문) 청주지방법원 2014.12.23 2014고합165

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

Since 2002, the Defendant was a bad credit holder who was unable to repay the debt amount of KRW 700-800,000 to financial institutions, and there was no certain occupation, property, or income, so there was no intention or ability to repay the money even after borrowing it from others.

1. The facts revealed that the Defendant did not intend to engage in a fund or auction for the bid of D private letter, Eelburine, etc., but did not wish to bring the victim F to the above real estate, thereby making a false statement as if the Defendant would receive profits by winning the above real estate.

On February 5, 2010, the Defendant made a false statement to the victim at the house of G apartment victim at Sejong-si, stating that “If he/she lends 60 million won which is 10% of the auction price, he/she shall pay the interest by 2% per month, and he/she shall repay it after the month,” and that he/she shall prepare a certificate of borrowing KRW 60 million to the victim, and shall receive 60 million as the borrowed money, and shall obtain it by fraud.

2. The Defendant had the intent to acquire money by borrowing the land development project even though there was no funds to purchase H land in a reasonable Cheongju City, or to construct the above-ground lending.

On February 4, 2010, the Defendant concluded that “Around February 4, 2010, the Defendant would have to set up a three-story apartment house on the land and to borrow a building as collateral. If the Defendant borrowed KRW 540 million,00,000 on the land, the Defendant would pay KRW 850,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000) after five months.”

On March 4, 2010, the Defendant, at the JC located in Sejong City on March 4, 2010, drafted a loan certificate to the victim and wired 540 million won to the account in the name of K with the money borrowed.

3. In fact, the Defendant did not have the intent or ability to perform the construction of housing sites in the Chungcheongnam-gun, Chungcheongnam-do, and there was no compensation from the Mayang-gun.

On July 20, 2010, the Defendant shall make a single appearance to the victims at the Cheongju District Court civil petition offices.