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(영문) 광주지방법원 2013.05.02 2012고단2050
사기
Text

A defendant shall be punished by imprisonment for a term of one year and eight months.

Reasons

Punishment of the crime

On September 20, 2006, the Defendant was sentenced to imprisonment for one year and one year at the Gwangju District Court for fraud, and completed the execution of the sentence in the Gwangju Prison on October 12, 2006.

around July 2009, the Defendant, as the actual operator of the Da, a company that is the implementation company of the Gwangju North-gu Da Multi-household Construction Corporation (hereinafter “New Construction Corporation”), has entrusted E with the structural construction of the New Construction Corporation.

Around July 8, 2009, the Defendant, even if he was supplied with the steel by the Victim F Co., Ltd. (Representative G), received the total sum of 77t (50,750 won) on October 9, 2009 or on February 15, 2010, and acquired it from the Victim F Co., Ltd. (the total amount equivalent to KRW 17,60,000) on July 9, 2009 and received from the Victim F Co., Ltd. (the total amount equivalent to KRW 50t (40,350,750) on July 17, 2009, when he did not have any intent or ability to pay the steel delivery price to G from the date of the payment of the promissorysory note to the new construction site until February 9, 2009 or from February 15, 2010.

2012 Highest 2956 Defendant was in a state of capital without capital while performing the said new construction, and the obligation related to the construction was approximately KRW 1.1 billion, and there was also a considerable amount of debt equivalent to KRW 600 million to H et al., KRW 350 million, KRW 350 million, KRW 400 million, and KRW 400,000,000,000,000,000 for the land for new construction, as well as KRW 56,60,000,000 for the land for new construction, provisional registration, provisional attachment was established, and the said multi-household house appraisal amount was merely KRW 56,00,000 per unit, and it was practically difficult to obtain a loan equivalent to KRW 2 billion from the victim I.

Even if there was no intention or ability to complete the payment properly.

1. On March 21, 2011, the Defendant wishes to fully repay the principal and interest even if he/she borrows money from the victims in the D Sale Office located in the second floor of the K branch of the Gwangju Nam-gu Nam-gu J, Gwangju, under the pretext of construction cost.

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