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(영문) 수원지방법원 2015.05.28 2014고단4122
사기
Text

Defendants shall be punished by imprisonment for one year.

However, as to the Defendants for two years from the date of the final judgment of this case, the Defendants are above.

Reasons

Punishment of the crime

At around October 29, 2012, the Defendants conspired to sell the office of the management of the K building owned by Defendant H, Defendant H, which is located in the Suwon-si J of Suwon-si, “I would like to reconstruct the K building and sell the building in lots once a year. I would like to make the loan to the victim L after one year, and the loan money would be settled at the sale price in the case of reconstruction of the K building and the sale of the commercial building in lots, and would make the sale in lots more than others. The reconstruction project was attempted to purchase 100 officetels at N or O elementary school operated by MW to purchase the above building in lots even if it was concluded that I would not know about the purchase of the building in lots at N or N elementary school.”

However, at the time, Defendant H was in a situation where the monthly interest rate of KRW 80 billion was paid to the bank loan interest rateed to KRW 80 million, and the reconstruction-related funds was planned to depend on project financing (PF) but it was practically difficult to proceed with reconstruction because the said PF funds were not secured. Furthermore, around March 14, 2012, Defendant H was established in “E”, which was a driving range for Defendant A’s operation, and 8 units, such as wing wing pwing plate, which was offered as a security transfer to Han Bank, were extremely insufficient due to financial circumstances, such as selling 154 million won without permission at the time, and there was no intention or ability to sell a commercial building by paying the above loan or rebuilding, and there was no intention or ability to sell the commercial building by sale at KRW 100,000,000,000,000,000,0000,000.

In sum, the Defendants conspired to induce the victims as above, and cause the victims to transfer the amount of KRW 125 million to the Agricultural Cooperative Account of The AC&C on December 29, 2012.

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