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(영문) 울산지방법원 2014.04.14 2013고단3582
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant was seized at the tax office, and the right to collateral security was established on 520 million won, and it was not repaid in the name of the construction cost.

Although the Defendant was unable to procure construction cost as above and it was difficult for the Defendant to complete the above studio building, the Defendant was able to obtain money from the Defendant by means of borrowing the exchange of the studio building completed and the land in the Sim-si owned by the victim D, with the view to obtaining money from the Defendant as collateral.

1. On September 9, 2011, the Defendant: (a) within the H Licensed Real Estate Agent Office operated by G in Ulsan-gu, Ulsan-gu; (b) the fact was impossible to complete the building due to the lack of construction cost as above; and (c) the victim did not have any intent or ability to complete the construction even if borrowing money from the victim, the Defendant concluded that, “The Defendant shall complete the studio building, which is scheduled to be newly built in Ulsan-gu, Ulsan-gu, Seoul-gu, by February 28, 2012, with the amount loaned by creating a collateral mortgage on real estate from the Jeju-gu bank and borrowed 87 million won from the bank, and the Defendant shall complete the studio building, which is scheduled to be loaned to the Y-gu, Ulsan-gu, Seoul-gu, and the amount of the collateral mortgage established on the racing land, with the exchange of the above studio

The Defendant received 87 million won from the victim as the borrowed money from the seat and acquired it by fraud.

2. On March 30, 2012, the Defendant: (a) within the fixed restaurant with daily necessities limited in Ulsan-gu, Ulsan-do; and (b) notwithstanding the lack of construction cost, the Defendant still did not intend or have the ability to complete the studio building, the Defendant would pay money by completing construction work until July 30, 2012, if the Defendant extended additional construction cost of KRW 50 million to the Defendant, as there is no initial fund for the construction to complete the studio building.

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