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(영문) 의정부지방법원 2016.10.18 2016고단2481
사기등
Text

A defendant shall be punished by imprisonment for one year.

35,000,000 won shall be additionally collected from the defendant.

Reasons

Punishment of the crime

【2016 Height2481】

1. Around January 2015, the Defendant violated the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (remediationd water) received a request from the E-owners of land to receive a loan as collateral in the coffee shop near the public parking lot of Yando-Seoul, Yando-Eup, Namyang-si, a constructor, in the Namyang-si, which is an officetel site constructed by D Co., Ltd.

On March 6, 2015, the Defendant arranged to obtain a loan of KRW 465 million in the name of F from the owner of the above land at the Dongjak-gu Seoul Metropolitan Government Dongjak Agricultural Cooperative Branch located in Yeongdeungpo-gu, Yeongdeungpo-gu, Seoul, to obtain a loan of KRW 194,00,000 in the name of F, and received KRW 35,000,000 from the employees G of D Co., Ltd., a city corporation, to the Defendant’s H account in the name of H in return

As a result, the Defendant received money and valuables for arranging matters pertaining to duties of executive officers and employees such as financial companies.

2. Around February 2015, the defrauded Co., Ltd. in Namyang-si, the Defendant made a false statement to F, a victim D Co., Ltd., an employee of the victim D Co., Ltd., at the construction site of an officetel, stating, “I need to own and operate a J hotel in Chungcheongnam-do, and implement remodeling works in preparation for the summer Water System. I wish to complete the interior works and immediately repay as I will face with the loan of 50 million won for tourism funds in the Y-gun. And as I wish to receive a loan from a bank, I would be able to repay regardless of the construction site, and I would be able to consult on real estate in the future, and thus I will be entrusted to D Co., Ltd.”

However, in fact, the defendant is a bad credit holder and has a debt equivalent to KRW 328 million, and the above remodeling contract price was unpaid to KRW 230 million. Of KRW 800 million, KRW 300,000,000,000,000 was borrowed and KRW 500,000,000,000,000,000,000 won.

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