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(영문) 서울북부지방법원 2018.10.18 2017고단5802
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On November 14, 2016, the Defendant is responsible for the construction of one urban-type residential house with the seven-story size from the H of Gyeonggi-do H, which is an urban-type residential house operated by the Defendant, in the office for the settlement of disputes, and the victim E and F’s representative, at the office for the settlement of disputes, around November 14, 2016.

At present, there is a lack of KRW 200,000 to sell the ship by creating a model load on the second floor, which is going up with the second floor and up to the third floor.

The purport was that, upon lending money, 10% interest per month shall be paid, and on February 14, 2017, the principal shall be repaid, and if repayment is not made by the repayment date, it shall exceed 4 households of I, J, K, L, and I of the newly-built house.

However, at the time, the said new housing construction corporation was suspended from construction in M on June 2016, and it was conducted in N from September 2016 from around September 2016. The said construction site was in the state of setting up a right to collateral security equivalent to KRW 156 million with a loan of KRW 120,000,000 from the KCA and the maximum amount of the bonds was set up. There was no particular fund at the time, and there was no payment guarantee of the Si construction, and there was no way to raise the construction fund. The construction fund was suspended due to the lack of payment guarantee from the actual contractor, and even if the victims borrowed money from the victims, it was thought that some of the funds were used for personal debt repayment, etc., and there was no intention or ability to sell the funds to the victims.

As above, the defendant deceiving the victims, and thereafter, he received 35 million won from the victim E, deducting 100 million won from the victim E to the P bank account ( Q) in the name of the LAD and 150 million won from the victim F to the above account on the same day. The defendant shall receive 35 million won from the victim F, deducting 15 million won from the prior interest.

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