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(영문) 수원지방법원 2014.08.28 2014고단1072
사기
Text

Defendant

A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.

Reasons

Punishment of the crime

1. On September 26, 2013, Defendant A was sentenced to a suspended sentence of six months of imprisonment with prison labor at the Suwon District Court for the crime of forging private documents, etc., and the said judgment becomes final and conclusive on February 6, 2014.

On January 2010, the Defendant, at the F Certified Judicial Scriveners Office located in E, the date of which was the date, concluded that “The Defendant would purchase H and I land from the victim G, and would have to pay 200 million won as interest per month within 3 months if the land sales contract is required, and would have to set up a collateral security with the maximum debt amount of 300 million won immediately after the purchase of land.” Moreover, the Defendant would have fully repaid the principal and interest within 3 months with a collateral loan.”

However, in purchasing the above J land, the Defendant, without entirely investing his own capital, thought that he would be paid the proceeds of the loan from the victim and the proceeds of the real estate mortgage loan, and there was no particular property or income other than the revenue accrued from the K Center. The income accrued therefrom is merely a level of appropriation for the Defendant’s living expenses, and thus the interest on the Defendant’s debts exceeding 2 billion won at that time is not paid properly. Thus, even if the Defendant borrowed the money, the Defendant could not be paid the interest on the five-month portion per month, and not only did the Defendant receive a definite answer as to the money that he could receive from the financial institution, but also the Defendant could receive a loan of 1.

Even if a loan exceeding the purchase price was intended to be used as a fund necessary for the construction of a factory, there was no intention or ability to implement the terms and conditions of the contract.

Nevertheless, the Defendant, as if he were able to implement the above agreement, belongs to the victim, and is in its possession from the victim on February 1, 2010 to the L Office in Seongdong-gu Seoul, Seongdong-gu, Seoul.

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