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(영문) 전주지방법원 군산지원 2014.02.07 2013고합122
특정경제범죄가중처벌등에관한법률위반(사기)
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above punishment shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On December 28, 2010, the Defendant was sentenced to imprisonment of one year and six months at the Jeonju District Court for fraud, etc., and the judgment became final and conclusive on January 7, 2011.

1. On February 23, 2008, the Defendant made a false statement to the victim E that “If the Defendant lends the construction cost for the new construction of the fifth generation of the high-class house constructed in the Si/Gun/Si/Gun transportation Dong, it will be paid within four months.”

However, from September 2007 to September 2007, the Defendant issued approximately KRW 2 billion per share of the apartment market and general housing already constructed, resulting in difficulties in financing due to the sale of apartment buildings and general housing, and thus, the Defendant was not able to pay the money for the construction work. In addition, the loan was in a situation where it was impossible to lend money to financial institutions in excess, and there was no intention or ability to pay the money with the money for the construction work using it.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million on February 23, 2008, and KRW 300 million on February 25, 2008 from the victim as the payment for the construction work.

2. Around April 1, 2008, the Defendant made a false statement to the victim that “If the construction work on a construction section constructed on 12 lots, such as Gunsan City F, etc., is leased, the Defendant shall complete the construction work and will receive a loan from a financial institution as collateral and make a repayment with the commercial building.”

However, in fact, from September 2007 to the date of this case, the Defendant issued approximately KRW 3.3 billion per unit from the date of this case. Since the apartment commercial buildings and general houses already constructed are not sold in lots, it was difficult to pay the money for the construction work. As to the above commercial site, it was possible to pay KRW 500 million for military viewing and viewing, and it was possible to pay the money for the diversion of farmland to financial institutions. In addition, some loans made out of the money for the construction work.

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