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(영문) 수원지방법원 안양지원 2015.01.23 2014고단161
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 25, 2009, the Defendant made a false statement to the victim G in charge of the construction design and supervision of the above commercial building at the above commercial building office around September 25, 2009, stating that the Defendant would receive the balance of the sales price of the above commercial building 102, which was already sold until October 24, 2009, or receive the additional loan after completion of construction, from the victim G in charge of the construction design and supervision of the above commercial building at the above commercial building office. Further, the Defendant would transfer the ownership of the above commercial building 101 if the payment is not possible until then.

However, at the time of fact, the real estate in the name of the defendant or the defendant's wife was not worth setting the maximum debt amount of KRW 750,000,000,000,000 in the first bank, and the right to collateral security of KRW 1.43,000,000,000,000,000,000,000 is almost no value. The defendant did not have any capacity or intent to repay the borrowed money due to the absence of any other specific property. The defendant would not use the remainder for the repayment of the loan of the first bank, even if he received the remainder, because he would use the remainder for the repayment of the loan of the first bank. The defendant did not intend to transfer the right to collateral ownership of KRW 1

The prosecutor charged the defendant with the writing of the sale contract of F commercial building 101 to the victim without obtaining prior approval from the Han Bank of Korea, but modified the indictment to delete the phrase "no prior approval from the Han Bank of Korea" from the indictment, but did not delete the defendant from preparing the sale contract of commercial building 101 to the victim, according to the investigation records and the trial records.

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