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(영문) 대전지방법원 천안지원 2012.12.20 2012고단863
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around 209, the Defendant, at the home of the Defendant, 108, 302, Dong-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, and from D, known to the effect of the obligation and obligation relationship, intended to purchase and undertake development projects, “240,000 square meters of land in Seocheon-gu” (hereinafter referred to as the “Korea Appraisal Board”). The Defendant, subject to appraisal by the Korea Appraisal Board, obtained a bank loan of at least 20 billion won in the project site as security, received a land owner’s payment of KRW 10 billion in the land price, and tried to develop and sell the land at the remaining KRW 10,000,000,000 in the land. If the costs necessary for appraisal are raised, it was proposed that the Defendant would obtain part

On February 1, 2010, the Defendant told the victim E by telephone at a non-place on February 1, 2010, that “it is difficult to conduct a land development project, and there is insufficient money to pay as a deposit appraisal fee. 40 million won may be leased, and a deposit appraisal fee shall be refunded KRW 40 million by adding the principal amount to KRW 40 million after one month.”

However, it is impossible to offer a business site that can be purchased in 10 billion won from the land owner as a collateral and obtain a loan of 20 billion won from the bank. Thus, the above business plan was not feasible from the beginning. Even if the Defendant and D receive a bank loan by means of unafusing the appraised value, it is impossible to repay the amount of the bank loan within the month of the victim’s money.

On the other hand, while the Defendant did not have any special property as credit bad at the time, he was liable to pay the delinquent tax amount of KRW 20 million for the Daejeon Tax Office, the delinquent tax amount of KRW 10 million for the Daejeon Tax Office, the obligation to pay the delinquent tax amount of KRW 10 million for the Daejeon Agricultural Cooperative, and the obligation to pay the amount of KRW 10 million for the loan to the Daejeon Agricultural Cooperative.

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