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(영문) 청주지방법원 2014.08.08 2013고단1491
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On November 12, 2009, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Cheongju District Court, which became final and conclusive on November 20, 2009.

【Criminal Facts】

The Defendant, as the representative director of FF, established for the purpose of real estate development, carried out the housing site development project in Gyeonggi-gun G from the spring of spring on 2007, and started a new golf driving range in Gyeonggi-gun H, etc. from May 2008.

On August 2008, the Defendant agreed to borrow approximately KRW 4.5 billion as facility funds in accordance with the business plan of the above golf driving range in the future savings bank, and agreed to receive the loan immediately by September 30, 2008, “The Defendant would receive the loan by September 30, 2008.”

However, there was no fact that the Defendant received a loan promise from the side of the Future Savings Bank, and it was unclear whether the Defendant had the intent or ability to repay the loan even if he/she borrowed money from the victims, including, but not around February 20, 2008, he/she had been engaged in the business after receiving investment of KRW 100 million from the victims for the said housing site sale business. However, there was no intention or ability to repay the loan even if he/she did not have any other profit source.

On August 29, 2008, the Defendant, by deceiving the victims, received 40 million won from the victims to the Agricultural Cooperative (M) account in the name of the F Co., Ltd. on August 29, 2008, and acquired them by deceit.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Legal statement of the witness K, L and N;

1. Statement made by the prosecution against K (including the part concerning the L/C statement);

1. The police of K.W.

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