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(영문) 부산지방법원 2016.06.29 2015고단3632

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 18,00,000 won to the applicant through fraud.

Reasons

Punishment of the crime

The Defendant, on January 27, 2014, tried to build a new factory to be used by the Defendant Company E, a corporation operated by the Defendant, from around 18,000 to around 27, 2014, at around 3632, and through C, at around 2014, the Defendant would pay the proceeds of the civil construction works already undertaken to the construction business operator, and receive the loans from the bank after completing the civil construction works.

“.....”

However, even if the above money was received, the Defendant thought that it was used for personal purposes, such as monthly rent and interest on loan, and did not intend to pay it as the price for the existing civil works. At the time, the Defendant was liable for the amount of not less than 350 million won for the public works in F and G, etc., and the interest on the loan amount of not less than 1.2 billion won received from the National Bank was not repaid properly. On the other hand, even if there was no particular property or income, the Defendant did not have the intent or ability to receive the additional loan and to repay it.

The defendant deceivings the victim as above and was given KRW 18 million on the same day from the victim.

On July 27, 2012, the Defendant purchased forest land in Ulsan-gun K and tried to run a factory in the victim J within the I certified judicial scrivener office located in Busan-gu, Busan-gu, Busan-do, and the victim J purchased forest land in Ulsan-gun, Busan-do.

The loan of 100 million won for the purchase of forest land shall be 2.5% per interest, and the principal shall be repaid after three months.

“The purport was to the effect that “.....”

However, in fact, the defendant borrowed money from the damaged person to pay only the down payment for the above forest land, and then received the loan again as a collateral and paid the above loan. However, it is not easy to make additional loans because the security of the amount equivalent to the above forest land has already been established, and it is not easy to do so.