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(영문) 대전지방법원 천안지원 2012.11.30 2012고단935

사기

Text

Defendant

A Imprisonment with prison labor for one year, and for eight months, each of the defendants B.

Reasons

Punishment of the crime

Defendant A, on August 19, 2010, is a person who was sentenced to imprisonment with prison labor for six months at the Seoul Central District Court for fraud and two years of suspended execution, and on November 27, 2010, the above judgment becomes final and conclusive.

Although the Defendants had been implementing real estate and arranging loans from financial institutions since about six years ago, the Defendants did not have been able to do so only once until now.

From the operator of G, which was introduced by F at early January 201, the Defendants received KRW 16 million as a loan intermediary fund for the real estate enforcement business in Gyeonggi-si, Gwangju-si, but failed to receive the promised loan, the Defendants were urged to return the said money from F. In this case, F introduced the victim J, the representative of the (State), I sought to implement the real estate enforcement business in the above H, which was sought by G, to the Defendants. The Defendant B introduced the victim J or Defendant A worked for a long time at the bank, and caused the victim to believe that it was a person to grant a loan brokerage.

On April 27, 2011, the Defendants conspired to show the victim’s construction intent at the (i) I Office operated by the victim of the L Building No. 801 in the Dong-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City), and falsely concluded that the Defendants would be able to carry out the real estate implementation project in the above H, receiving the loan of KRW 120 billion for the land price for the new construction project in the face of Ma Bank, and receiving KRW 50 million for the land price for the new construction project in the face of Ma Bank.

However, in fact, the Defendants did not have any particular property or income guaranteed, and the execution intent was not a document normally prepared on the part of K, and not only did they have known about the NN of the Labor Relations Adjustment Chairman of M bank, but also did not have any specific funds on the part of the victim, and it was impossible to purchase the minimum land that is essential for the loans to be granted due to the absence of any particular funds on the part of the operator of the victim.