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(영문) 제주지방법원 2021.01.15 2020고단683
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who actually takes over and operates B Co., Ltd. (Representative Director C) with the main purpose of wholesale and retail business, such as agricultural products concentrated in around September 17, 2018, when he/she decided to conduct a business such as new construction and sales business of housing and commercial buildings.

The Defendant offered three lots of land, such as D, Seopo-si, Seopo-si, Seopo-si, in which the auction procedure is in progress, to obtain a successful bid under the name of C with a certificate of farmland acquisition qualification, but the amount to be paid as a bid bond was insufficient. As the Defendant attempted to use the land (hereinafter “the instant real estate”) from the victim G (56 years of age) (hereinafter “the victim”) who came to know while requesting construction approval from around 2014 to 2016, with the highest profits from the principal and interest in a short term, as if he could be able to receive a loan from the damaged party, the Defendant intended to use the land (hereinafter “the instant real estate”).

Accordingly, on February 22, 2019, the Defendant loaned 200 million won to the victim’s account designated by the victim’s account by March 26, 2019, including the principal amount of KRW 200 million and KRW 200 million, and interest on loans to the principal amount of KRW 400 million, including the principal amount of KRW 200 million and KRW 200 million, if the successful bid becomes final and conclusive.

After the phrase "in participating in the auction (J) of real estate," the victim shall borrow 200 million won out of the bid bond (gold 200,000,000) and shall deposit 400 million won in the account designated by the victim by March 26, 2019, including 200 million won in principal and interest on loans for principal, and 200,000,000,000 won in total when the successful bid becomes final and conclusive, with the interest on loans for principal, and shall accept any civil criminal measure, if so.

“A letter of loan was drawn up and delivered to the victim.”

However, the defendant extended a loan from a financial institution under the name of the defendant, since his credit rating was from 9 to 10.

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