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(영문) 창원지방법원 거창지원 2016.06.01 2015고단277

사기

Text

The defendant shall be innocent.

Reasons

1. On January 5, 2010, the Defendant: (a) established Kimcheon-si Ltd. E for the purpose of Gyeyang-si; (b) established Kimcheon-si, Kimcheon-si, Ltd., and (c) established G for the same purpose on November 6, 2013 and operated the said two companies.

1. On February 2013, the Defendant: (a) provided the victim H with oil at around 2013 at a luxous place to the victim H, “The Defendant would provide the lux farm operated by the Co., Ltd. E with oil to the lux farm; (b) upon completion of the lux farm, the Defendant would receive a loan from the bank as security and pay the amount of oil at once by receiving the lux farm from the bank.

The phrase “ makes a false statement.”

However, in fact, the Defendant did not own any property other than the property worth KRW 1.3 billion to KRW 1.4 billion at the market price, and the monthly income was about KRW 10 billion, whereas the Defendant’s personal debt amounting to KRW 1.1 billion, and the Defendant’s debt amounting to KRW 12.7 billion in the Defendant’s corporate debt amounting to KRW 30 million per month, and the bank loan was paid to the Defendant’s monthly income and property in excess of KRW 30 million, and thus, the Defendant did not have the intent or ability to pay the cost of living and bank loans. As such, it was discovered that the Defendant started the original farm at the time and did not obtain permission for change on September 25, 2013, and that it was ordered to suspend construction around October 10, 2013.

In addition, the Defendant had to pay approximately KRW 2 billion to the Corporation I, etc. for the completion of the original farm. A approximately KRW 150 million was unpaid for the construction cost used to establish the Kimcheon farm. Around KRW 1.2 billion borrowed from J, etc. to use it for the construction cost of the original farm. Thus, even if the original farm is completed in accordance with the Defendant’s plan, the amount that the said original farm can be loaned as security is about KRW 2 billion and the said loan is about KRW 2 billion.