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(영문) 광주지방법원 2017.05.11 2016고단2599
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2016 Highest 259] Around December 6, 2013, the Defendant purchased neighboring land at the auction of E hotel located in Young-gun D and continued to perform hotel and wabing construction until August 10, 2015.

The Defendant, around August 10, 2014, at E-Swa Holdings around August 10, 2014, extended loans from the Bank as security to the Victim F. The construction cost will be paid after the completion of the wedding.

"At the end, I had shown the attitude of paying the construction cost properly."

However, on the ground that the construction company, which had been performing the above construction at the time, was in suspension of construction around May 2014 on the ground that it did not receive the construction cost of KRW 800 million, and the Defendant was responsible for the amount of KRW 3.4 billion loan with the total amount of KRW 3 billion loan with the total amount of KRW 1.83 million in the course of the bid of the hotel, and the Defendant was also liable for the amount of KRW 1.83 million loan with the total amount of KRW 1.83 billion in the course of the bid of the hotel. Although the purchase fund of the crowdfunding site was extended as security to the hotel, the hotel had no intention or ability to pay the amount normally to the injured party even if the injured party neglected construction work as above.

As above, the Defendant: (a) deceiving the victim, and the victim was forced to perform the interior works equivalent to KRW 433,211,000 from around that time to August 20, 2015; and (b) deceiving the intent to perform repayment or the ability to perform repayment as shown in the attached Table 1 sheet of the crime; (c) by deceiving the ten victims from January 2014 to November 2015, the Defendant acquired property benefits by acquiring money from two victims in the name of the borrowed money.

[2016 Highest 3378] The Defendant was awarded a successful bid of E hotel located in Young-gun D before December 6, 2013, and purchased neighboring land and had hoteled until August 10, 2015.

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