(영문) 부산지방법원 2017.12.20 2017고단2730

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(영문) 부산지방법원 2017.12.20 2017고단2730

사기

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A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

[2017 Highest 2730] On November 2012, the Defendant purchased the victim D’s “loan work expense of KRW 30 million with a loan from around 30 million to around 300,000,000,000 to around 300,000, and will offer the victim D to build a new factory.

“......” At the beginning of December 2012, 2012, the term “assign money to the person in charge of the Guarantee Fund and the person in charge of meals and alcohol.”

However, in fact, the Defendant did not have any specific plan on the loan, in addition to the amount of the loan limit to a person who was in office at a bank. However, the Defendant did not have the person in charge of the Guarantee Fund, and was thought to be used for his personal repayment and living expenses with the money received from the victim, so even if receiving the money from the victim, the Defendant did not have any intent and ability to newly construct a factory by making a loan and purchasing the land.

Nevertheless, on December 7, 2012, the Defendant: (a) by deceiving the victim; (b) received KRW 1.5 million from the victim to the corporate bank account of its own denyingF on December 7, 2012; and (c) received a total of KRW 17,130,730 from around that time to January 15, 2013, as indicated in the List of Offenses (1).

[2017 Highest 3729]

1. On April 18, 2012, the Defendant may see the profits from market prices when purchasing and selling land to the victim H in the G-si G-si forest located in Yangsan-si.

The loan will be paid in one month, and if it is not possible to pay in the due date, 20 million won will be added from the loan to 50 million won.

“.......”

However, in fact, the Defendant did not have the funds for the civil works, and the Defendant did not have the intent or ability to sell the land for the civil works as above and to repay the borrowed money to the victim without the consent to the use of the land for the civil works.

Nevertheless, the defendant is identical to this.

유사 판례

-부산지방법원 2016.06.29 2015고단3632

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-대전지방법원 공주지원 2014.04.25 2013고단346

-부산지방법원 2016.04.08 2015고단1464