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(영문) 수원지방법원 2015.01.12 2013고단4325
사기등
Text

Defendants shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Defendant B] The administrator of K in charge of the dispute resolution and Defendant A is a managing director.

1. Fraud;

A. From the end of April 201, the Defendants stated to the effect that “The Defendants would construct and sell the leased land purchased by K in Pyeongtaek-si, which is the land purchased by K in Pyeongtaek-si, at the end of the end of April 201, the victim L.” to the effect that “the Defendants would lend KRW 100 million construction cost.”

However, at the time of the fact, K did not have any corporate funds at all, and the progress of LD's construction and sales business was uncertain, and there was no intention or ability to repay the borrowed money from the victim because it was thought that the victim would use the borrowed money for the repayment of the debt or the settlement of investment funds.

On June 7, 2011, the Defendants received 99 million won from the victim to the K account in the name of the loan, and acquired it by fraud.

B. On August 25, 2011, the Defendants stated to the effect that “A victim M, the representative director of K in the Bank of Korea, borrowed a loan from the company, to lend money to the victim M, who is the representative director of K in the Bank of Korea, due to lack of construction costs.”

However, in fact, the Defendants did not have any specific construction plan for the loan, and only thought that they would use the loan borrowed from the victim for personal debt repayment, etc. Therefore, even if they borrowed money from the victim, they did not have any intent or ability to repay it.

The Defendants received 5 million won from the victim at around that time, and acquired it by fraud.

2. The Defendants intend to borrow money by establishing a collateral security as security the “Yyeong-si N forest (hereinafter “the instant land”) owned by the K in the Dispute Resolution Co., Ltd., and without the consent or delegation of M, the representative director of K in the Dispute Resolution Co., Ltd.,

A. On December 20, 201, the Defendant A created a right to collateral security from M to the office of Suwon-si Law Firm O in Suwon-si.

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