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(영문) 대전지방법원 2016.10.25 2015고단3289
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

【Criminal Force】 On May 11, 2016, the Defendant was sentenced to five years of imprisonment with prison labor for fraud, etc. at the Daejeon District Court, and the said judgment became final and conclusive on May 19, 2016.

[Judgment of the court below] On June 17, 2005, the defendant made a false statement to the purport that "The defendant would offer F apartment construction as security in F apartment construction, F apartment construction, 606, 706, 1205, and 1205, which is being constructed, to the victim H, the representative director of G, who is the company G, due to the lack of construction cost, to lend KRW 300 million to the victim H. who is the representative director of G.

However, the defendant tried to construct the above F apartment with the contributions received from the above F apartment construction association and the above F apartment 31 bonds for the sale in general, but the partnership did not provide some of the contributions. From September 2004, two construction companies which had attempted to construct the above F apartment house in general but failed to sell only one apartment house, which had already been able to construct the same apartment house, but the construction companies had already failed to pay 15 apartment bonds in lots. From April 2005, the construction companies had already failed to pay 15 apartment bonds and had no collateral value. Since from around April 2005, the defendant started the so-called "domination" which used the above F apartment 40 million won for financing construction costs and repayment of other debts, it was difficult to provide 60 billion won to the victim as security and to provide 60 billion won to the above F apartment 406,606 and 606 forest funds as security around 205.27, 2005.

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