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(영문) 수원지방법원 2018.09.11 2018가단522429
기타(금전)
Text

1. The Defendant’s KRW 20,548,787 as well as the Plaintiff’s annual rate of 5% from May 18, 2018 to September 11, 2018.

Reasons

1. Basic facts

A. On May 25, 2015, the Defendant: (a) on the Plaintiff on May 25, 2015, the amount of approximately KRW 580 billion owned by the Chang Chang Industrial Co., Ltd., Ltd., Ltd. (hereinafter referred to as the “Hamsan Industry”) located in Pyeong-gun, Gyeonggi-do (hereinafter referred to as the “Chyeong-gun”); and (b) the purchase cost of Pusan may be covered by the said Pusan with a loan of KRW 30 billion from the bank as collateral. There is no problem for receiving a written consent from the Chang Industrial Complex to secure Pusan; and (c) the Bank is also taking the loan with a well-known knowledge of the head office leader of Pusan mutual savings bank located in Seocho-gu, Seoul. The Plaintiff purchased Pusan-si's office expenses for purchasing Pusan, personnel expenses for banks or political rights, and the appraisal cost for Pusan-si and borrowed the name of the loan.”

However, in fact, the Defendant had already talked that it is difficult to provide loans due to the lack of appraisal in the case of tinsan, and that there was no consent to provide collateral for tinsan even with the Chang Industrial Complex. Therefore, even if the Defendant received money from the Plaintiff for the expenses of appraisal and loan, it did not have the intention or ability to actually use it as expenses for tinsan appraisal or bank loan.

B. As above, the Defendant, by deceiving the Plaintiff, was convicted of the Plaintiff on June 3, 2015; KRW 20 million on June 25, 2015; KRW 6 million on July 9, 2015; KRW 6 million on August 13, 2015; KRW 10 million on September 21, 2015; KRW 20 million on October 28, 2015; KRW 50 million on February 23, 2016; KRW 20 million on March 31, 2016; and KRW 7 million on April 7, 2016; and was sentenced to the suspended sentence of KRW 200 million on September 21, 2015 (Seoul District Court; KRW 200 million on April 27, 2016; and KRW 71 million on July 25, 2016).

(c).

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