beta
(영문) 대구지방법원 포항지원 2015.02.11 2014고단969

사기

Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 24, 2010, the Defendant: (a) heard from D (name before the opening of name: E) that “if the money to be used as a security deposit for the artificial apartment construction is leased KRW 300 million, the Defendant would be offered as security for 20 households, and return KRW 600 million after three months,” and (b) lent KRW 300 million from D to D after three months, which he did not comply with the promise and received demand for the repayment of the debt from F, and was willing to recover the money that he borrowed from D to another person after three months.

The Defendant, among December 2, 2010, tried to convert the victim H into the sale in lots at the (ju)G office located in Seocho-gu Seoul, Seocho-gu, Seoul, 153-5, the Seocho-gu, to the lease of 1,000 units of the C Rental Apartment 1,000 units in Yangju-si. However, the Defendant borrowed KRW 300 million to I, a remodeling company, and is urged to pay the amount of KRW 300 million in lieu of the demand for reimbursement. As such, the Defendant would have to pay the amount of KRW 300 million in lieu of the demand for reimbursement. The Defendant would transfer the registration of the apartment offered as security if he would not pay the blank documents as security and implement the sale in lots. It would be difficult to say that only the right to sell in lots can recover KRW 1 billion.”

However, at the end of November 2010, the Defendant was already aware of the fact that the settlement agreement with Han Bank, a trust bank of the said C construction business, was not reached well, and that he/she failed to implement the D’s promise, even though he/she attempted to resell the right to purchase the right to purchase the right, he/she did not want to purchase the right to purchase the right. Thus, even if he/she borrowed money from the Defendant, he/she did not have the intent or ability to repay it twice after the three months, or complete the registration of the ownership of the apartment provided as security by the victim, as well as to recover the investment by the victim through resale of the right to purchase the right to purchase the ownership.