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(영문) 수원지방법원 2015.04.08 2014고단2880
사기
Text

Defendant

A shall be punished by a fine for negligence of KRW 25,00,000, and by a fine of KRW 3,000,000.

The above fine is imposed against the Defendants.

Reasons

Punishment of the crime

Defendant A was a person who operated (ju) E, which is a construction company, and was under the process of the construction of the Hasan-H construction work on the G and the three lots outside the Seosan-si, Seosan-si and the construction of the Hasan-si.

Defendant

A around October 18, 2012, around October 18, 2012, the victim I provided that “A has received a loan as security for a commercial building newly constructed in Seosan and Seosan, respectively. It is obliged to pay interest on a loan, and if the interest is leased, A would receive a loan within one month as soon as it will be completed.”

However, as at the time, the said new commercial construction project was unable to pay the construction cost to the contractor, resulting in the interruption of the construction contract and the interruption of the construction work, resulting in a trouble in the construction and the completion of construction. The said new commercial construction project had no intent or ability to repay the loan interest even if it borrowed money from the victim, such as borrowing a loan of KRW 10 million in connection with the said new commercial construction

Defendant

A, as such, deceiving the victim as such, KRW 50 million on the same day from the victim, KRW 30 million on the 22th of the same month, KRW 10 million on April 2, 2013, and the same month.

5. The sum of KRW 25 million, including KRW 25 million and KRW 90 million on the 25th day of the same month, was remitted to a national bank account under the name of the defendant.

Defendant A of “2014 Highest 4896” had been the representative director of (ju) E between October 2010 to May 2013, 201, Defendant B had been in charge of the said company’s field work, and the (ju) E had been in the process of F new construction work at Chicago-si.

Defendant

B under the direction of Defendant A, around March 9, 2013, the said Fsale Office stated to the effect that “The victim J shall place an advertisement for the sale of goods in lots, and if the victim J lends 40 million won to be used as the down payment, the sum of the interest of KRW 10 million will be paid up to June 9, 2013, including the interest of KRW 50 million.”

However, the financing situation is very difficult due to delay of construction, low-sale performance, loan interest obligations, etc. due to the dispute over construction costs with the contractor at the time.

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