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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1207
사기
Text

[Defendant A] The defendant shall be punished by imprisonment with prison labor for one year

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

Reasons

Punishment of the crime

The Defendant of “2015 Highest 1207” (Defendant A) around March 25, 2008, the F Real Estate “F Party G is lacking construction costs to place the building on the land outside the H five lots of land owned by Gu/Si/Gu.”

If a building is to be built as soon as possible, the building permit is revoked.

If the construction cost is leased, the construction shall be completed, and the loan shall be paid immediately with the loan from the bank as security, and the 45 million won which is paid as purchase price for the above land around 2007 shall be refunded.

“A false statement” was made.

However, the defendant only owned the shares of 1/2 on the above land, and had already completed the building on the above land on March 26, 2008 and obtained approval for use on or around March 26, 2008. At the time, the above land was already loaned KRW 160 million as collateral, and the mortgage was established on the above land with a total of KRW 221 million on the claim amount, and the new building was not a temporary building scheduled to be removed, and it was impossible to make an additional loan because it was merely a temporary building, and there was no specific property in bad condition at the time, so there was no intention or ability to repay the borrowed amount to the complainant.

The Defendant received or remitted KRW 88,240,000 from the injured party for the same day from November 6, 2008, including the receipt of KRW 3,00,000 from the injured party for the same day as the loan money, from the time to November 6, 2008.

"2015 Highest 1447"

1. On November 2007, Defendant A made a false statement to the effect that Defendant A purchased real estate in the name of the victim with the said money and subsequently sold money to the victim K in the “J” cosmetic located in Seocho-si, Seocho-si, 1, 2007. When investing KRW 20 million in the said money, Defendant A made a false statement to the effect that he would sell the real estate to the victim.

However, the defendant was aware of the above money in the past.

G's card value is expected to be repaid, so it is after calculating the real estate in the name of the victim.

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