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(영문) 서울남부지방법원 2015.10.08 2015고단3238

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

Around 2011, the Defendant borrowed an amount equivalent to KRW 100 million from others to engage in construction business, but was in a bad credit position due to the failure to repay the borrowed loan. However, the Defendant introduced C himself/herself as D, which he/she became aware of in such circumstances, and newly constructed B, as his/her representative, followed C’s establishment of F Company by proposing E, which was the son’s son, and then attempted to carry out new construction work on the G land of the Gyeongbuk-gu Seoul Special Metropolitan City purchased by C, but did not have a situation where C would normally carry out construction work due to the lack of funds.

On October 2014, the Defendant introduced the victim H as the owner of a new construction work in any restaurant near the Gyeongjin-gun G new construction work site in the Gyeongjin-gun, Chungcheongnam-gun, Gyeongjin-gun, the Defendant: “The principal shall be repaid on February 2015 when the 100 million won loan was completed, and 150 million won shall be paid as the profit and interest at the time of the completion of the sale after the two months; and on October 2014, the Defendant again stated, “The Defendant borrowed money to the victim because 50 million won or more is running a business at the same time.”

However, there was no money invested by the Defendant in the said new construction, and C also did not have any means to secure the remainder of construction cost as collateral because it was not possible to obtain additional loans by setting collateral security and superficies on the said site from financial institutions in order to prepare purchase price in the process of purchasing the said new building site. Therefore, even if borrowing money from the victim, it did not have the ability or intent to pay the profit, etc. normally, even if borrowing money from the victim.

Nevertheless, the Defendant, as such, deceiving the victim and deceiving the victim, was a new bank in the name of E around October 24, 2014 and KRW 14 million around November 3, 201, and KRW 36 million around November 3, 201.