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(영문) 대구지방법원 2017.02.08 2016고합446
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is the representative director of K Co., Ltd., who has been running a construction project to create J (hereinafter “instant construction project”) to the 11 parcel of land (hereinafter “instant land”) in Masan-si, Chungcheongnam-si, Changwon-si, Changwon-si, Kim Chang-si.

On September 2010, while the Defendant was carrying out the instant construction project, the Defendant requested L to request L to furnish money to the branch, and L used the office located in Daegu Dong-gu M.

The victimO known through N was introduced to the defendant.

1. On December 3, 2010, the Defendant committed the crime at the above NN office around September 2010, and via L, “When the construction of access roads is completed, the instant construction is possible to borrow a loan of ten billion won from the passage of Gyeongnam through obtaining permission from the competent authority for completion of the construction of access roads, and the access roads are not to be constructed due to lack of funds.

For access road construction, 1 billion won was leased. “.......”

Then, around November 2010, the Defendant obtained a construction permit from the victim on the instant construction site “at the time of completion of construction works through entry,” and if so, it would be possible to borrow ten billion won from the road along the instant land as collateral, and thus, changed the cost of access road construction to KRW 1 billion.0 billion. The period of access road construction is sufficient for three months, and it is sufficient to complete the J Creation Construction within three months, and Gyeongnam will borrow from the road and repay the loan with the loan.

“.....”

After December 3, 2010, the Defendant: (a) determined KRW 00 million per day, the due date for payment: March 3, 2011; (b) interest: 2.5% per month; (c) temporary payment; and (d) special agreement: The loan funds shall be used as the access road construction cost for the completion of construction of the instant land.

The certificate of borrowed money stated as “ was delivered to the victim.”

However, in fact, the Defendant continued to execute the instant construction with the money borrowed from the damaged party, and bears the existing liability.

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