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(영문) 서울서부지방법원 2019.02.13 2018고단3401
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The Defendant is an internal director of a stock company B (hereinafter referred to as “B”) that runs real estate development and implementation business.

On August 30, 2015, the Defendant stated that “B, which he operates, intends to build a F commercial building in Dongdaemun-gu Seoul Dongdaemun-gu Seoul E-gu, 100 million won. If the Defendant borrowed KRW 100,000,000,000,000 as the principal and the final income will be repaid until January 30, 2016, the Defendant would provide FF G with a security.”

In addition, on October 20, 2015, the Defendant stated that, “If the Defendant loaned KRW 100,000,000,000,000,000,000 won of the principal and investment income to the Plaintiff, the Defendant would pay KRW 100,000,000,000,000,000,000 won until February 22, 2016, and would provide F shopping Market J as a collateral.”

On February 19, 2016, the Defendant continued to lend 40 million won to the victim in the foregoing case B of the Seongdong-gu Seoul Building Construction Project, “If the Plaintiff borrowed 40 million won to the Plaintiff during the process of the construction of a new commercial building, the Defendant would pay 50 million won by adding the principal and the investment income to 10 million won until April 30, 2016, and would provide the F commercial L as a security for the money borrowed prior to the loan.”

However, the Defendant was running a business of constructing F commercial buildings on the land of Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul (hereinafter “instant business”), but there was no purchase price for the said site from January 12, 2015 to October 7, 2015, the Defendant was invested in an amount equivalent to KRW 4.9 billion from M, N,O, P, Q, and R, but was demanded to return the investment amount from the said M, etc. However, the Defendant promoted various savings banks, such as S Bank, to raise the business funds until August 2015, but did not meet the terms of the loan, and thus, the financial situation of the said B is not smooth, such as where the PF loans are unpaid on the 26th of the same month.

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