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(영문) 서울중앙지방법원 2014.12.10 2014고단6883

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, from July 29, 2009, established and operated a Dffiliated Co., Ltd. (hereinafter referred to as “D”) from around July 29, 2009, and constructed Jeju Family Hotel (hereinafter referred to as “D”).

1. Around January 20, 2012, the Defendant presented the victim G with the Fnotarial office located in Seocheon-si, Seocheon-si a contract for sales in lots of Dolun hotel hotel and a certificate of revenue guarantee, and “No. 12 billion won loan can be extended through a commercial bank and the existing obligation can be repaid at 50%.” However, if the head of the party loans money due to the shortage of construction cost, the Defendant made a false statement to the effect that “No. 12 billion won will continue to receive additional loan through a bank and lend the construction and pay money.” In addition, as security provision, the sales contract and revenue certificate will be provided.”

However, in fact, the Defendant thought that he would not use the money borrowed from the victim as the construction cost, and at the time, the Defendant was liable for the debt amounting to 14.3 billion won to the Japanese Mutual Savings Bank, and the Gangnam Branch of the Korean Bank was unable to apply for the loan because it was difficult to continue the construction work due to the shortage of funds due to the lack of funds, such as the failure to apply for the loan itself, and thus, there was no intention or ability to pay the money borrowed from the victim.

On January 26, 2012, the Defendant, by deceiving the victim as such, received 30 million won cashier’s checks from the victim.

2. On February 17, 2012, the Defendant at a notary public I office located in H at Jeju-si, “Dcondo with a loan from the Japanese Savings Bank is completed, and the construction has been suspended at the wind of the Japanese Mutual Savings Bank now.

However, it is just a commercial bank.