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(영문) 창원지방법원 2015.09.01 2015고단772
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On December 27, 2010, the Defendant was sentenced to one year of imprisonment and two years of suspended execution for fraud in the Daegu District Court Port Branch Branch of the Daegu District Court on December 27, 201, and the said judgment became final and conclusive on April 6, 201.

(A)The Defendant was promoting the establishment of a vessel engine plant with approximately KRW 9,00 square meters of 7 parcels, such as Samsung-si, by a person who actually operated C, (State)D, while purchasing land of approximately 9,00 square meters in size, the Defendant planned and promoted the creation of F in size 200,000.

In the process of purchase of land at 900,000, the Defendant was taking a loan of 2.5 billion won from the financial institution and took out the loan of 2.5 billion won for each month, while there was no separate income or property, and there was no further possibility of obtaining a loan from the financial institution, so there was no method of raising funds unless there was a separate individual investor’s investment, and thus, there was no special situation in which the investor did not have any physical income, and thus no more land purchase work was carried out.

Therefore, even if the defendant borrowed money from another person, he did not have the intention or ability to repay it.

Nevertheless, as the Defendant did not provide loans, interest and company operating funds at the time, the Defendant was willing to lend money to the victim G who was ordering the construction work of the factory from the Defendant.

1. On November 29, 2010, the Defendant made a false statement to the effect that “The Defendant would have repaid money within seven days if he/she lent money from a bank to a monthly salary of 15 million won to her employee, within seven days, at the office in Yong-gu, Nam-gu I (H), Nam-gu) and that “The Defendant would have paid money within seven days if he/she borrowed money from a bank to her employee monthly salary.”

However, the Defendant did not have any intention or ability to pay money at a bank, and even if the Defendant borrowed money from the victim due to the above circumstances, there was no intention or ability to pay the money.

The defendant deceivings the victim as such and immediately borrowed money from the victim.

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