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(영문) 광주지방법원 2014.11.20 2014고단2926
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On November 201, 201, the Defendant had no intent or ability to repay money, even if the Defendant borrowed money from the victim C, on the ground that the Defendant had a debt of KRW 20 million in the amount of KRW 20,000,00 without any certain income, and the Defendant did not possess real estate in his/her or his/her family name in Seo-gu, Seo-gu, Gwangju.

Nevertheless, the Defendant, at around November 14, 201, received 30,000 won from the account in the name of E around January 16, 2012, from the victim, to the account in the name of E, and received 2,231,700 won as the borrowed money three times as the borrowed money from the account in the name of F around May 11, 201, by means of money transfer of KRW 30,000,000 to the account in the name of E, from the victim on the same day.

2. In fact, at the time of October 2012, the Defendant could not exercise any influence over the selection of land subject to purchase on the following grounds: (a) there was no demand for housing projects implemented by the Korea Land and Housing Corporation; (b) there was no knowledge of the executive staff of the LH Corporation; and (c) in the case of “new multi-household housing purchase projects” implemented by the LH Corporation, the Defendant was required to undergo a fact-finding survey and examination by the LH Corporation in order to select land subject to purchase.

Nevertheless, the Defendant, as if he could exercise any influence on the selection of the “multi-household housing purchase business” related to LH Corporation’s “multi-household housing purchase business”, planned the victims C and G known to the Defendant to participate in the said business, to receive the relevant business promotion expenses or the cash of the premium, and first, to have the victims purchase the land, which is the premise for the new multi-household housing purchase business.

The defendant on October 2012.

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