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(영문) 광주지방법원 2014.09.17 2013고단408
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 91,00,000 won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

The Defendant is a substantial operator of D Co., Ltd. (hereinafter “D”).

D On April 201, 201, on the ground of the Namann Chang-gun E land, the 16th generation of “F Loans” began to construct a new construction.

On July 20, 201, the Defendant transferred the ownership of “F Loans” in the said land and new construction works to a branch industrial development company.

The defendant provided the victim C with security without value of G, H and security and conspired to acquire money from the victim for the purpose of borrowing money.

Even if the Defendant did not borrow money without any specific property, the Defendant did not have the intent or ability to repay the money, and the Defendant also did not have the intent or ability to transfer the ownership of the above land and the “F Loans” in the construction work to the Korea Industrial Development Corporation and to offer the “F Loans” as security.

Nevertheless, on October 10, 201, the Defendant: (a) at the office of “J company” operated by the victim located in Gwangju-dong-gu, Gwangju-gu, through G, the Defendant borrowed KRW 100 million to the victim as “F Lending is under construction; (b) due to the shortage of funds for the completion of construction; (c) falsely stated that the seller would make a payment by December 30, 201; and (d) the seller would deliver the sales contract under subparagraph 401 of “F Lending” 401, set forth in D; and (c) G and H issued a promissory note in the name of the Defendant-based construction company, which is a construction company, to the victim by forging the endorsement as if it was endorsed by DS Construction Company.

The Defendant received KRW 44,500,000 from the victim on October 12, 201, in total, four times from around that time to October 18, 201, the Defendant received KRW 91,000,000 from the victim to the said Gwangju Bank account.

Accordingly, the defendant was given property by deceiving the victim in collusion with G and H.

Summary of Evidence

1. The defendant;

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