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(영문) 수원지방법원 2018.10.12 2017고단7775
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal record] On January 21, 2015, the Defendant was sentenced to the imprisonment of two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Suwon District Court, and the judgment became final and conclusive on the 29th day of the same month. On May 18, 2017, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Suwon District Court's Suwon District Court's House on July 19, 2017, and the judgment became final and conclusive on March 30, 2018, upon being sentenced to six months of imprisonment for a crime of fraud from the Suwon District Court's House as a member of the Suwon District Court's House on March 30, 2018.

[2] The Defendant: (a) from around April 2008, the Defendant was actually operating the D Co., Ltd. in the head of Pyeongtaek-si Building C; (b) from around June 2008, the Defendant was performing the construction of one F apartment unit on the fourth parcel of land, including Gangwon-do, Gangwon-do, Gangwon-do; (c) however, around 1997, the Defendant was due to bad credit standing, and was performing the construction without any specific property or income; (d) was liable for KRW 2 billion on March 2013; and (e) was difficult to lend a loan of KRW 2 billion; and (e) had no intent or ability to properly borrow money from the victim G, even if construction of an apartment unit was normally conducted and the costs of completion or litigation, etc. was sold out.

On July 12, 2013, the Defendant, who called a telephone around July 12, 2013, would make a notarized contract for sale of F apartment H H as collateral if the Defendant loans the last money to the victim because of the need to add the costs of lawsuit.

“The purport was to the effect that “.....”

However, the Defendant did not have any intent or ability to fully repay money even if he borrowed money from the injured party due to the above excess of the obligation. On June 201, 201, the Defendant had already induced investments from I Co., Ltd. and offered the entire apartment complex as collateral for transfer, and then the injured party was notarized on the ground that ownership was transferred to J Co., Ltd.

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