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(영문) 창원지방법원 밀양지원 2014.01.16 2013고단326
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 10, 201, the Defendant stated to the effect that “The construction work is interrupted at the stage of up to 80% while G Co., Ltd., the Defendant, a representative director of which is the Defendant F, created factory sites on the land outside H and two lots of Cheongbuk-gun, Cheongyang-si, Cheongyang-si, and that “The construction work will be paid KRW 60,000,000 by receiving a loan within 15 days from the last day of the construction work at the end of the year at the end of the construction work.”

However, in fact, the Defendant decided to purchase the above H and two parcels from the seller I to KRW 520,00,000, and paid KRW 100,000 with the purchase price, and paid KRW 260,000,000 out of the remainder of the purchase price, 430,000,000, out of the remainder of the purchase price, the Defendant borrowed and paid the above H and two parcels as collateral a mortgage creation registration with the maximum debt amount of KRW 390,00,000 to the subordinate North Korean Agricultural Cooperative. The remainder of KRW 160,00,000 was also a plan to receive additional loans and pay KRW 160,00,00 with the above two parcels as collateral. In addition, the Defendant was not a situation in which loans equivalent to KRW 60,00,000 for the above construction price may not be granted.

In addition, on July 2010, the said G Co., Ltd. was in a state of suspending its business since it created a factory site in the above H and two lots, and the Defendant was separate from the instant case, and the Defendant, on August 201, said G Co., Ltd., by deceiving the said J to get bank loans if he/she lent money for the purpose of lending money for loan expenses, and by deceiving the said J to defraud the victim, and thus, did not have the intent or ability to pay the construction cost of KRW 60,000,000 within 15 days from the closing date even if the victim got the closed construction.

Nevertheless, the Defendant, as above, deceiving the victim and deceiving him from the victim on July 11, 201, up to September 20, 201, performed a construction work of stone storage work, waterway installation, and access road packing in an amount of KRW 60,000 in total from the market price to September 20, 201.

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