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(영문) 광주지방법원 2021.01.28 2019고단756

사기등

Text

Defendant shall be punished by imprisonment for up to eight months and by a fine of up to 500,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[2019 Highest 756] Defendant is a person engaged in construction business.

1. The Defendant against the victim J loaned KRW 30,00,000 to the victim at the site of the Mayang-si Construction Work in Mayang-si in November 2015, since the amount of funds for the construction of Daga is insufficient. On December 20, 2015, the Defendant would transfer the ownership of Dora to the said amount if he/she either paid the said money with the amount of KRW 1 billion, created from the executor after the completion of construction on December 20, 2015, or is unable to pay the said amount.

The phrase “ makes a false statement.”

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received a transfer of KRW 30 million in total to L account under the name of the victim, with the account (M union N) in the name of the parent of the Defendant, KRW 30 million, and KRW 30 million on December 3, 2015, and KRW 10 million on December 9, 2015.

2. The Defendant’s fraud against the victimO on December 2, 2015, on the part of the victim at the site of the Dagyang-si Construction Construction Project, “K lending New Construction is being carried out, and money needs to be paid for construction costs.

The P, the building owner of the above loan, set up a construction fund of KRW 1 billion.

If a loan of KRW 30 million is made, it will be repaid by December 31, 2015, along with interest.

The above construction site may be directly reported and decided. On December 20, 2015, when the construction site is completed, 1 billion won shall be created.

If the payment is not possible, the ownership of the loan will be transferred to the same amount borrowed.

The transfer of ownership is different from the owner.

“A false statement” was made.

However, even if the defendant borrowed money from the injured party, he did not have the intention or ability to repay it.

The Defendant, by deceiving the victim and confirming that the registration of K LV was a “P”, made to the victim, and thereafter, believed the Defendant by preparing a real estate transaction agreement.