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(영문) 부산지방법원 2016.08.10 2015고단6067
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around August 2013, the Defendant purchased a building (the fourth floor and the second floor above the ground) in the window of Changwon-si owned by C Co., Ltd. and planned to establish “E Hospital”. Under the circumstances where the ownership of the above building is not transferred, the Defendant introduced a person who would be able to rent a restaurant, etc. within the hospital to the mar in a situation where the ownership of the above building is not transferred, and the Defendant introduced the victim H and I (the spouse relationship) known through G and introduced the victims to the Defendant with the interest in operating the restaurant within the hospital.

The Defendant, around September 13, 2013, introduced the victims from the office located in the “E hospital” building by F, as if the victims were the owners of the building, and, upon the request of the E hospital around October 2013, issued the victims the right to operate the restaurant within the hospital.

30 million won necessary for Integian Corporation shall be lent from J; however, it was false that the Party’s land in Ulsan-gun, Ulsan-gun, would have set up a right to collateral security of 300 million won.

However, in fact, the Defendant only entered into an agreement with C Co., Ltd. to purchase the above building. In order to purchase the above building, the Defendant borrowed the total amount of 13.5 billion won agreed upon as the purchase price from financial institutions. However, at the time, Defendant married with Defendant 60 to 7 billion won was incurred, and it was difficult to provide loans to financial institutions because of the lack of capital for the business. Ultimately, given that the hospital could not be established, there was no intention or ability to grant the right to operate the restaurant, which is premised on the establishment of the hospital, to the victims, and there was no intention or ability to pay the money borrowed from J.

As above, the Defendant: (a) by deceiving the victims as above, had the victims provide 17 parcels of land, including the area of 856 square meters in Ulsan-gun L, Ulsan-gun; and (b) in the registration division of the Ulsan District Court on September 16, 2013, the maximum amount of 450 million won for the above land; (c) the debtor I and the mortgagee M (the above JJ).

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