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(영문) 의정부지방법원 고양지원 2017.10.12 2016고단1269
사기등
Text

1. Defendant A shall be punished by imprisonment for two years.

The charge of evading compulsory execution among the facts charged of this case is not guilty.

Reasons

Punishment of the crime

The defendant of "2016 Highest 1269" (Defendant A) is a person who actually runs a stock company.

On August 2015, the Defendant, at the office of F Co., Ltd. located in G at the time of the Gyeonggi-si, around August 2015, was omitted from the name of the victim, Solomon case comprehensive construction, and was entrusted to J with the price of the I to be constructed at the time of Pakistan, which is currently owned by the F Co., Ltd., and paid the construction cost of the factory to be constructed on the said site by borrowing KRW 4.9 billion from the national bank under the name of the company to cancel the trust.

The loan of KRW 100 million to the trust cancellation cost, the loan was made by October 2, 2015, and the trust was cancelled and the contract for the construction of a factory to be constructed on the above site was made by false means.

However, in fact, the Defendant received KRW 20 million from K on May 2015 on the condition that the said factory construction contract was concluded on July 10, 2015, and concluded a provisional contract with the victim on July 10, 2015, which was unable to conclude the said factory construction contract even if it borrowed KRW 100 million from the victim, and there was no other property and there was no intention or ability to repay the said amount on the date the Defendant promised to pay the said amount to the victim.

Nevertheless, the Defendant, by deceiving the victim, was issued a total of KRW 50 million on September 3, 2015 from the victim, and KRW 50 million on September 5, 2015 from the victim.

The Defendants of “2016 Highest 1850” (the Defendants) owned a factory site of approximately KRW 1450 square meters at the time of Pakistan and planned to build a new factory in approximately KRW 7 billion to KRW 8 billion at the time of Pakistan on February 2015.

The F's plan to receive a loan by increasing the capital of the F's stocks, and if the loan is made by the bank for the increase of the capital, the loan will be paid immediately after receiving the loan from the bank.

However, in fact, the above company of the defendants does not have good financial standing, and even if capital increase is made, it shall be loaned.

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