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(영문) 대구지방법원 영덕지원 2018.10.24 2018고단30
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On April 10, 2017, the Defendant: “D” located in Ulsan-gu, Ulsan-gu, Seoul-do, contains a multi-household house in the victim E from “F and three lots of houses outside the Seoul-do, Ulsan-gun, and the funds are temporarily insufficient.

If a person lends funds, he/she shall collect the funds that can be collected later, complete the construction by June 11, 2017, using the funds as construction cost, and shall lend money to the bank as collateral.

In June 11, 2017, the name of the owner of the multi-family ledger will be changed if he/she fails to pay the money by the deadline.

The phrase “ makes a false statement.”

However, the Defendant did not have any additional funds that could be invested in the Corporation as a bad credit bad person who did not pay national tax of KRW 50 million. From January 3, 2016, the Defendant started new construction of multi-household housing in the land located in Chungcheongnam-gun, Chungcheongnam-do, Seoul Special Metropolitan City, but failed to pay approximately KRW 110 million construction cost to the construction business operator H, etc., due to the discontinuance of construction from January 3, 2017. The Defendant was in a situation where the construction site goes beyond the auction due to the Plaintiff’s failure to repay the balance of the construction site to the land seller, and even if the Defendant was constructed jointly with I because it was impossible for the land seller to pay KRW 20 million,000,000,000,000,000 to the Corporation, it did not constitute a situation where the Plaintiff was unable to obtain an independent ownership from the owner of the land without the intent to borrow the loan from the damaged person, and thus, the Defendant did not accept the loan or completion of the construction as collateral.

As such, the Defendant exaggerations his ability to repay and conceals the purpose of the borrowed money.

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