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(영문) 인천지방법원 2016.06.08 2015고합292 (1)
특정경제범죄가중처벌등에관한법률위반(사기)
Text

Defendant

A Imprisonment with prison labor for four years and for three years, respectively.

Reasons

Punishment of the crime

Defendant

A, while jointly with E, was in charge of the implementation, construction, and sale of the F Apartment in Gyeongsan City, he borrowed money from the victim G through Defendant B under the pretext that he would use the money for the completion cost of the above apartment, and offered for the actual use of the money by dividing the money into the debt repayment, living expenses, etc. to the Defendants and E with the third party.

Defendants, along with E, at the H law office located in the Seoul Gangnam-gu Seoul Metropolitan Government (hereinafter referred to as the “Seoul-gu Office”) around July 11, 2013, may complete the construction of the G apartment within a maximum of three months if the Defendants leased KRW 600 million to the victim G.

The borrowed money will be repaid with interest of KRW 120,000 after two months.

The 20 houses, such as the above apartment 105 houses, are provided as security and borrowed money is used only for the completion cost such as water supply and drainage of the above apartment houses and the installation of gas facilities.

The phrase “ makes a false statement.”

However, in fact, the Defendants and E had difficulties in repaying the construction cost and repayment of loan interest at the time, and the money borrowed from the injured party was thought to be used by dividing them into the above debt repayment, personal living expenses, etc. The above apartment house is different from the owner of the building and the landowner, and it was a situation in which the victim cannot pay the above money by completing the above apartment within three months as agreed to the injured party by the complicated debt relationship.

Nevertheless, the Defendants and E, by deceiving the victims as above, received KRW 300 million on the date and KRW 300 million on the 18th day of the same month from the victim to the corporate bank account in the name of the corporation I, under the pretext of borrowing expenses for completion.

As a result, the Defendants conspired with E to obtain a total of 60 million won from the injured party.

Summary of Evidence

1. The legal statement of the defendant A (as at the 10th trial date);

1. Statement made by the witness G in the third public trial records;

1. Each statement made by the witness J and K in the fourth public trial records;

1. Statement made by a witness in the fifth public trial records;

1. Loan and loan agreements for full consumption of gold;

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