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(영문) 서울중앙지방법원 2014.12.12 2013고단8121

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 15, 2009, the Defendant was sentenced to six months of imprisonment for fraud at the Changwon District Court, and completed the execution of the sentence in the Suwon Detention House on November 10, 2009.

1. The Defendant, at the D Young-gu D Young-gu branch for the purpose of the Quarrying Development Project, was operating the field of the Young-gu Project.

From March 29, 201 to January 7, 2012, the Defendant invested KRW 850,000,000 in relation to the above quarrying business, but did not work as a business progress, and was in a situation where profit was not properly received. Based on the unstable sense that the delay in the purchase of access roads in quarrying, the Defendant borrowed money for the purpose of purchasing access roads for the purpose of purchasing access roads.

On May 22, 2012, the Defendant is difficult to proceed with the business if the Defendant was late due to the delinquency to donate the land at the G office located in Changwon-si, Changwon-si, Changwon-si, which is located in F, to the victim E with H 734m2, 1 2,509m2.

It was discussed to the effect that if the access road purchase fund is lent KRW 100 million, it would be repaid with investment or the apartment house under the name of the same household will be repaid within one month after receiving a loan as security.

However, even if the Defendant borrowed money from the victim, he did not intend to use it for the access road purchase fund, and if he did not have any property as a person with bad credit standing and did not receive an investment from another person, he did not have the ability to repay obligations to the victim.

Nevertheless, on the 23th of the same month, the Defendant received from the victim a total of KRW 100 million, including KRW 50,000,000,000,000 from the account under the name of the J, which is the same student, and KRW 50,000,00,000, from the Defendant

2. The Defendant, like Paragraph 1, used the funds borrowed from E as the purchase contract deposit for the access road to the Quarrying.