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(영문) 서울남부지방법원 2019.07.12 2019노518

사기

Text

The judgment of the court below is reversed.

The defendant shall be punished by imprisonment with prison labor for the crimes of Class I, II, III, and IV, and the judgment of Class V and VI.

Reasons

1. Summary of grounds for appeal;

A. Defendant 1) Of the instant case No. 2016 Go-Ma1212, the part concerning the victim B and the instant case No. 2016 Go-Ma626, the Defendant acquired the earth and stone collection project that the said company had been in progress from the said company, and the Defendant, with the approval of land use from the land owners, entered the company BP as the regular business of the BB corporation, where the Defendant operated the land owner with the approval of land use, and obtained the approval of land use from the land owner, AV, AX, AW, etc. with the land owner, AV, AW, etc., and actually carried out the earth and stone collection project.

In addition, the defendant purchased a golf course located in AZ, B Q and the Chungcheongbuk-gun, which is owned by them, and agreed that the purchase fund will receive the above golf course as collateral and provide the loan.

However, immediately after borrowing KRW 100 million from the victim B, it is only impossible to get a loan on the wind that the requirements for the loan examination of the SS bank are strengthened.

When the defendant borrowed money from the victim B or L, he did not commit deception to the above victims, and there was no intention to acquire money.

B) Of the instant case No. 2016No. 1212, the Defendant: (a) promoted the construction of a sanatorium for the elderly in order to help the elderly to return home to the Y and the nurses nearby the YY in the YY; (b) took over the suspended company BT to take over the site for the business in order to run the construction of a sanatorium for the elderly; (c) was aware of the actual owner of the fourth parcel of land, such as Dongducheon-si BU (AS entrusted the sale of the said land by the nominal owner AT); and (d) was aware of the fact that the said land had already been permitted as the sanatorium for the elderly and the hospital for the elderly; and (d) planned to purchase the said land by taking out the purchase fund by taking out the aforementioned land as collateral; and (e) was actually planned to obtain the documents necessary